For any foreign national who wishes to visit the United States, it is mandatory for him to obtain a non-immigrant visa. Such visas are meant for people who enter the nation with a specific purpose and reside in the nation temporarily. With this visa in hand, the foreign national can travel to the US and seek the permission of the US immigration inspector to enter the country. The visitor visas include those for business which is the B-1 visa, for medical treatment or pleasures is the B-2 visa and others include a combination of the above.

At the same time, the United States has a Visa Waiver Program with some nations where in the nationals from these specific countries need not obtain a visa. However, these applicants must qualify with the visa requirements under the guidelines. With the Visa Waiver Program in place, there are thirty six nations which are participating in this program. It permits travelers from these countries to US to visit for the purpose of tourism, official or business and are permitted to reside in the nation for up to ninety days or less, that too without obtaining a visa. This program was introduced to reduce certain irrelevant hindrances pertaining to travel. With this, it was also done to promote the tourism industry. At the same time, it also allows the Department of State to concentrate the consular resources in other aspects.

On the other hand, those not belonging to these specific countries would have to apply for a tourist visa. This can be done at the US Embassy or Consulate in the specific country. An appointment for an interview can be requested for. In such a case, the applicant has to prove that he has strong ties as well as an employment which is stabilized. Also, he has to prove that he has a decent income along with a valid and a legitimate reason for his trip.

Here, it is important to note that the Consular Officer has very little time to take a decision regarding the eligibility of the applicant for the visa. So, during the interview, the visa official would question the applicant regarding his intent and purpose of making this trip. With this, questions pertaining to whether or not the applicant was involved with any violation of law or visas in the past. Above all, the applicant would be assessed for his strong ties to his native country. This would be proved by the evidence he submits.

Above all, it is has to be ensured that the documents are submitted along with the application form. More so, the right and the relevant documents which cater to the visa must be submitted. It is best to consult a visa expert in this regard who deals with US visit visas. He would be the one who would be updated with all the latest and can guide you appropriately.

According to the United States Citizenship and Immigration Services (USCIS), the nation has allotted thousand special visas for those who have been the victims of crime and human trafficking. These visas have been authorized for the 2010 Fiscal Year. This is the first time that a maximum of 10,000 ‘U-visas’ has been reached since it began in 2008.

This non-immigrant visa is also known as the ‘U-visa’ and it was created under the Victims of Trafficking and Violence Protection Act of 2008. This visa caters to investigations in crime by aiding protection to the victims residing inside or outside the United States intending to cooperate.

For the Fiscal Year 2010, 10,000 petitions for this visa status has been approved by the USCIS. At the same time, as this fiscal year of 2010 comes to an end on 30th September, the next set of visas would only be issued in the next fiscal year. This process would resume again on 1st October 2010 for the Fiscal Year 2011.

The exact details pertaining to the ‘U-visas’ by nationalities have not been divulged into by the USCIS for reasons of privacy. However, the service confirmed of continuous approval of these petitions and putting the next set on the waiting list which would be allotted a visa in the next fiscal year. These approved petitioners along with their qualifying family members would be permitted to reside in the US legally. They can also request for an authorization to work.

A total of 6000 ‘U-visa’ petitions were approved for the fiscal year 2009 for people who were the victims of crime.

Canada has modified its list of 38 occupations, reducing it to only 29. The new occupation list for Canada federal skilled workers program would be implemented from 26th June 2010. These 29 new occupations form the current occupations in Canada which are in-demand for the foreign skilled migrants*. However, this list is not applicable to those applicants who have an employment offer in prior.

The new list of 29 occupations for federal skilled immigrants excludes the IT managers and supervisors, accountants and financial managers from the earlier list of 38 occupations. At the same time, occupations relating to Business Services and Management as also dentists and social workers have been included. This is excellent news for general category managerial and supervisory candidates. Professional working in following occupations will gain through this critical inclusion in the new list:

• Marketing
• Analysts
• Researchers
• Business development
• Advertising
• Management consultants
• Finance
• Costs and chartered accountants
• Chartered financial analysts
• Business and office coordinators
• Senior office Administrators and managers
• team trainers
• Dentists
• Pharmacists
• Social Workers
• Cooks and chefs

With the above in place, the Citizenship and Immigration Canada has announced that only 20,000 applications would be received each year. Within these 20,000 applications quota, not more than 1000 applications would be considered under each of the occupations mentioned on the new list. The applications would be accepted on a first come first serve basis. After the higher limit has been reached in a specific occupation, the additional applications will be returned. So all those qualified should file and get into the queue without delays.

The first year for acceptance of applications will begin on June 26, 2010 and end on June 30, 2011. Subsequent years will be calculated from July 1st to June 30th.

Alternatives for applicants not finding place in the new list of occupations for Canada

IT professionals need not get disheartened.  Almost all IT professionals with 4 years of experience or more and including those who are NOT IT managers ( simple programmers, analysts, QA etc) can qualify and apply under Quebec program. All they need to do is learn basic French. One learns French while the application is in process. Married couples have an advantage under the Quebec program as spousal age and qualifications as also number of children and their age are significant assessment factors. Mail your resume and if applicable that of spouse with information related to children and their age to ajay@abhinav.com

It may be added that many of them, especially if working in consulting capacity might also be qualified under the newly included Professional Occupations in Business Services to Management.

They could also look at making an application under the skilled migrant program to Australia.

Another alternative for IT professionals is Denmark Green card. But considering that Denmark green card is a non-immigrant visa and one is required to learn Danish for successful settlement, one is better off in opting for Quebec skilled worker program that offers permanent residency from day one of landing with all accompanying benefits. The residency status that an applicant, may get in Denmark after seven year is available from day one of landing in Canada on permanent resident visa. However, it goes without saying that ABHINAV has the expertise to service your application for Denmark Green card as well.

Another significant exclusion from the old list is that of accountants and financial managers. They should not lose hope and depending on profile and duties, most can still qualify as professional service providers to management. This is a new occupation that finds its place in the new list. If you are a financial manager or chartered accountant, please email your and the spousal resume (if applicable) to ajay@abhinav.com .

All in all, it could be said that there are both pros and cons attached to this amendment in the Skilled Worker Program. And so, this keeps the options open for those not qualifying under the new Federal Skilled Migrant program. Contact us to know more on the same.

*List of 29 Occupations under the Federal Skilled Worker Program

0631 Restaurant and Food Service Managers
0811 Primary Production Managers (Except Agriculture)
1122 Professional Occupations in Business Services to Management
1233 Insurance Adjusters and Claims Examiners
2121 Biologists and Related Scientists
2151 Architects
3111 Specialist Physicians
3112 General Practitioners and Family Physicians
3113 Dentists
3131 Pharmacists
3142 Physiotherapists
3152 Registered Nurses
3215 Medical Radiation Technologists
3222 Dental Hygienists & Dental Therapists
3233 Licensed Practical Nurses
4151 Psychologists
4152 Social Workers
6241 Chefs
6242 Cooks
7215 Contractors and Supervisors, Carpentry Trades
7216 Contractors and Supervisors, Mechanic Trades
7241 Electricians (Except Industrial & Power System)
7242 Industrial Electricians
7251 Plumbers
7265 Welders & Related Machine Operators
7312 Heavy-Duty Equipment Mechanics
7371 Crane Operators
7372 Drillers & Blasters – Surface Mining, Quarrying & Construction
8222 Supervisors, Oil and Gas Drilling and Service

The US government has made certain changes in its fee structure for students coming from Kenya. Kenyan students who are intending to travel to the US would now be required to pay up to Sh1, 500 more in order to get the visa.

Earlier the fee structure was Sh10, 500 and now it has been confirmed by the US government that it has been hiked to 11,200 for acquiring visas in non-immigrant categories. This can include student visa and tourist visa, to name a few.

According to US Embassy in Nairobi, it has been confirmed that the fee structure for non-immigrant visa would show an increase and this would specially be applicable to temporary workers as well professional athletes who come here for a temporary basis.

However, the procedure for the payment of the fees has not been changed at all. Regardless of the nationality of the overseas students, it is mandatory for the applicants of non-immigrant visas to pay the amount for individual applications made in regard for the same, at the Commercial Bank of Africa. Seeing this report, it has been expected that fee structure for other countries might rise too.

The amendments in immigration rules leave the prospective applicants in a state of limbo sometimes. Therefore, it is always advised to go for assistance from an expert Study Visa expert to avoid any visa denial, courtesy the change in immigration rules.

The United States is one of the most preferred destinations when it comes to pursuing higher education. If you are not a citizen or a permanent resident of the United States, you must apply for a student visa before you intend to go and study in the US.

The study visa falls under the non-immigrant visa category. The Non-immigrant visas are further categorized into the ‘F’ and ‘M’ visa. The international students have to apply under the F-visa category.  The ‘M’ visa is for those applicants who will be pursuing some course which is non-academic or vocational in nature. The procedure and requirements to apply for both the kinds of visas is the same and is completed in following steps mentioned below.

You must have evidence that shows that you have been accepted by some college or school as a student to study in their place. This evidence or official documents will be provided to you by your education provider known as Certificate of Eligibility (SEVIS I-20). You would have to show this certificate as evidence to the visa authorities. If you are already staying in the US, then you have to change the status of your visa to a student visa. Just in case you belong to a country which is visa exempt, such as Bermuda or Canada, then you do not have to apply for a student visa.

You have to show that you have enough financial assets to take care of your               tuition fee and living expense. You must also have the proof of your English proficiency which is tested by the TOEFL.

As you will arrive in the United States, you will receive an official document named as Form I-94 (Arrival Departure Record) which would contain important information such as your admission number to the United States. Later, an immigration inspector will write down your admission number on Form I-20. Your education provider will keep this form as a proof that you are legally admitted to the country. Third and fourth pages of this form are known as I-20 ID which is a proof that you are allowed to study as F-1 and M-1 students.

Your I-94 card will be renewed (as you will enter into the country) every time you travel out of the country. If you have completed one year of your stay and wish to extend your time period further, then you can apply for the extension depending upon the situation. All your official documents are very important and can for from time to time as a proof, so you must keep them carefully and in good condition.

Overseas education is once in a lifetime investment which can add an extra star to your career and it’s an exposure to great experience. For further information and help in your visa application process, you can contact immigration outsourcing company making your journey smooth and safe.

UK Tier 1, which has also been given a term of Immigration Program, allows applicants to work in the UK for a time span of 2 years initially.  After that, they have the freedom to apply for the extension, which makes it a total of 5 years.

After the completion of this period, the applicants can apply for indefinite right to remain in the UK. In other words, they can apply for a PR status. This information is available in every UK Tier 1 Visa site, but as a consultant I would like to acquaint you all that applying for a UK Tier 1 does not means that you get the residency status from Day 1 itself! No! This facet means that Tier 1 visa only gives you right to live and work in UK. Residency visa can be applied for only after 5 years. A tier 1 visa holder would not be able to get all the benefits of the residency status immediately. So while opting for Tier 1 visa is a good bet in the short run, one should be aware that it is a non-immigrant visa.

Therefore, if the applicant has the responsibility of his family/kids on his shoulders, is it viable to apply for a UK Tier Visa, knowing the fact that the applicant would NOT get the guarantee of getting residency status from the beginning itself?

On the contrary, the applicants who are married, have family responsibilities, should opt for a visa program which offers you residency status from Day 1, it is advised to opt for Canadian or Australian Skilled Migrant program or a Federal Skilled Migrant program to reap the benefits of residency status from Day 1. Alternatively, those qualifying for Tier 1 as well as Canada/Australia may take Tier 1 visa and at the same time apply for Canada or Australia PR status. Keeping Canada or Australia PR as a back up to Tier 1 visa is an excellent idea.

On the other hand, a bachelor or a person who has no liabilities can try his hands in other Non Immigration programs initially, but after taking a thorough consultation from an expert Immigration consultant. Even for him having a back up PR status is not a bad idea at all.

Note: Every applicant is advised to opt for a different immigration program in accordance to their situations and financial conditions.

Getting a permanent residence is one tedious process. If you have obtained one, it is an achievement in itself. The more important fact here is to maintain that status itself. So, the actual journey begins here on. The real action begins towards your steps to become a US citizen. Many immigrants fail to realize that this status would be compromised on if they do not reside in the United States.

Being a permanent resident in the United States, certain requisites come in without saying. Some of these include being loyal and respecting the country and the fact that you have agreed to make US your new home. Also, you now have new rights and responsibilities based on which you have to make a living. Above all, it has to be realized that being a permanent resident is a benefit bestowed on you. It should not be confused with a right.

Here are a few pointers that could be kept in mind to help maintain your US Permanent Resident Status. These points would be of help while applying for a citizenship at a later stage.

• Ensure that even if you leave the country, make your trip as short as possible. Do not migrate to another country in the meantime. In case you show any intent of moving out of the country, you would be considered to be giving up your resident status. Most immigrants have this misconception that living in the US for a month would do and they can easily spend the rest of the year in other countries. However, most of them fail to realize that this is more than enough for the US immigration officials to realize your lack of interest in living in the United States. Incase, there are instances where you are certain about living outside the US for six months or may be a year, then you must apply for a Re – entry permit. This should be done before you leave the country.
• See to it that all your taxes are paid on time. It is mandatory to pay all the taxes for a permanent resident. Thus, income tax returns should be filed timely. With this, your income should be reported at the Internal Revenue Service (IRS). You must also report to your local, state or city tax departments if asked for. If at any point of time, you are not found to be filing your taxes or are filing under the non – immigrant category, the US government might cease your status.
• It is mandatory for all the immigrant males residing as permanent residents to register with the United States Selective Services. This is specific for all the males between 18 and 26 years of age. This means that you have agreed to serve the country in the armed forces. However, the US government does not have any form of a military draft indicating the same. Thus, the discretion is up to the permanent residents to join the armed forces or not.
• You must not fail to provide with your new address to the DHS or the Department of Homeland Security. This should be done each and every time you change your residential address. For this, the AR – 11 form has to be filed along with the Alien’s Change of Address Card within the first ten days post shifting to the new location. This could be done online as well.

Following the above points would be in the best interest while you reside in the United States as a Permanent Residency. Additionally, this would also prove to be an advantage while applying for your citizenship at a later stage.

The E-2 Investor Visa is a visa category that allows people to enter the United States in order to set up or manage business enterprises on an investment. However, this is a special visa issued to immigrants of treaty countries only. After obtaining this visa, an individual must adhere to the condition that he/she must contribute to the U.S. economy. In order to obtain an E-2 visa, an investor must meet a number of criteria.

Let’s have a look at some of the criteria that investors need to meet:

• An applicant should be from a country that has a treaty of navigation with the U.S.
• An applicant must show that ample funds are available for the investment in the U.S.
• The investment must be in active business, not a passive investment, like buying a property.
• The applicant must be in a role in the enterprise that is supervisory or managerial in nature.
• The applicant must own a minimum of 50 percent of the business.
• The applicant’s investment must earn profit in order to afford his/her family as well.

An individual does not require to hold a specific amount of dollars in order to obtain an E-2 visa. To meet the requirement of the substantial amount, an applicant must meet either of the following criteria:

• The investment should be a considerable proportion of the total value of the business; or
• The investment should be sufficient to set up a profitable business.

However, in most cases, the minimum amount of investment should be US$100,000. Generally, this non-immigrant visa is issued for four or five years! To know more about the US E-2 Visa, contact an Immigration and Visa consultant!

The J1 visa allows the foreign nationals to come to the US and share their knowledge in education, arts and sciences. It is a non-immigrant visa and is of two main types:

• J-1 visas which are not linked with any sort of restrictions are termed as  ‘Home Residency Requirement’ (HRR)
• J-1 visas that are equipped with certain HRR restrictions.

Who all are eligible for the same?

• Students who are studying at various academic levels (provided they fulfill the mandates)
• Applicants who are receiving any on-the-job training.
• Teachers who are teaching in primary, secondary or any other specialized institution.
• Professors who are teaching or are involved in some research work with institutions.
• Research scholars
• Trainees who are involved in their professional medical and allied departments.
• Foreign visitors who have come for the motto of traveling, research work, training, or participate in various educational and skilled programs.

What all you can do on a J-1 Visa?

• Enter the US Premises and have the freedom to participate in an approved Exchange Visitor Program. You can remain in the US till the completion of the same and have the freedom to travel in and out of the US.
• You have the freedom to apply for Dependent Visa for spouse and your children (provided they are unmarried, dependant and are under the age group of 21)
• Apply for Work Permits.

However, there are certain limitations that are decked with J1 visa. Consult an Immigration expert to know more.