This office provides all visa services except fiancé (K) and treaty trader (E) visas for:

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Derrick Myles Woods
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1 Questions regarding US-Visa Applications 1 Who Must Apply for a Visa? It is necessary to apply for a visa if you: plan to participate in paid or unpaid employment in the US (this also applies to au-pairs and interns) intend to remain in the US for more than 90 days in order to study at a University or other secondary school were denied entry on a previous occasion or were forced to leave the US during the past five years have a criminal record or suffer from a serious transmittable disease or mental disorder are a drug addict, drug trafficker, or were involved in Nazi persecutions, and if you were or still are a member of a subversive or terrorist organization 2 Applying for a Visa? Note: Visas must be applied for from outside of the US. All forms required for this process can be obtained from the American Embassy/Consulate responsible for your district. Berlin: US Embassy Clayallee Berlin This office provides all visa services except fiancé (K) and treaty trader (E) visas for: Berlin Brandenburg Bremen Hamburg Lower Saxony Mecklenburg Vorpommern Saxony Saxony-Anhalt Schleswig-Holstein Thüringen Frankfurt: US Consulate General Siesmayerstrasse Frankfurt/Main This office provides visa services for: Baden-Württemberg Bavaria Hessen North Rhein-Westphalia Rheinland-Palatinate Saarland Frankfurt also handles fiancé (K) and treaty trader (E) visa issues for all of Germany. 1

2 2.1 The Application Process When applying for a visa the following documents must be submitted: 1. A fully completed copy of application form DS-156, regardless of age. Within Germany forms can be downloaded or obtained via fax-on- demand ( 1,86/min) from the American Embassy. 2. Male applicants between the ages of must fully complete supplemental form DS A passport or child identification card. 4. A recent passport photograph for each applicant. 5. Proof of having paid the non-refundable processing fee via bank transfer (Überweisung). All fees must be submitted in Euro. A stamped receipt from the bank must be submitted with the visa application as proof of payment. Checks and cash will not be accepted. 6. A stamped, self-addressed envelope large enough for the return of your passport and documents. Do not use registered mail. 7. Proof of your intention to leave the U.S. after your temporary stay. 8. Certain visas require extra documentation: i.e. form IAP-66, I-20 or I-797. These forms can only be obtained from the respective exchange organization, school, or employer. Applications are normally processed in two to three weeks. However, there may be longer waiting times during high travel periods. Due to this, and the fact that some visas (such as student visas) take longer to process, it is advised that all paper work be submitted 6 weeks before you wish to enter the country. 2.2 US Visa Processing Service A premium processing service for employment-based visas has been implemented by the Immigration and Naturalization Service (INS). Applications are guaranteed to be processed within 15 calendar days for a fee of $1,000. The fee cannot be waived under any circumstances, including cases involving other filing & processing fees. 2.3 Which Visas can the US Visa Processing Service be Used for? The premium processing service can be used in connection with the following petitions/applications: E-1 Treaty Trader E-2 Treaty Investor H-2A Agricultural Worker H-2B Temporary Worker H-3 Trainee L-1 Intra-company Transferees O-1 and O-2 Aliens of Extraordinary Ability or Achievement P-1, P-2 and P-3 Athletes and Entertainers Q-1 International Cultural Exchange Aliens H-1B Temporary Workers in Specialty Occupations R-1 Temporary Workers in Religious Occupations TN NAFTA Professionals 2

3 For more information on the visa processing service, please visit the following URL: 3 Non-Immigrant Visa Categories There are roughly twenty-five different non-immigrant visas. Non-immigrant visas are used to enter the United States temporarily for pleasure, business, training or to engage in gainful employment. The Visitor's Visa Waiver Program allows nationals of twenty-six countries (including Germany) to enter & reside in the US without a visa for 90 days as visitors for business or pleasure. With the exception that it permits individuals to enter the US for business or pleasure, the Visa Waiver Program allows the same activities as the B visa. Individuals who wish to participate in this program must have a valid ticket for a flight to a non-us destination other than Canada, Mexico or the Caribbean leaving no later than 90 days after their arrival in the US. 3.1 The B-Visa - Visitors for Business or Pleasure B visas grant permission to visit the United States for either business or pleasure. The B-1 Visa B-1 visas are for individuals who are visiting for business purposes. Entry into the United States under a B-1 visa allows a foreign national to conduct business in the United States that benefits a foreign employer, but is not in the nature of employment. Note: Students of medicine & law may be issued this visa for short-term practical training in the US. The B-2 Visa B-2 visas allow foreign nationals to enter the US for a personal visit to friends or relatives, on holiday or for tourism. With this visa, a visitor may not engage in employment while in the US. The inspecting INS officer has discretion to determine how much time is sufficient to allow the applicant to engage in the desired activity; however, only in rare instances will periods longer than one year be granted. B-2 visas are primarily for tourists, but may also be issued to the dependent (spouse, child or parent) of someone who has obtained a B-1 visa. 3.2 The E-Visa - Treaty Trador or Investor Please note, that if a German employee owns an E-Visa, his or her spouse will receive a working permit accordingly. This applies as of the beginning of The E-1 Visa - Treaty Trader The E-1 visa category was established to facilitate trade between the United States and foreign countries with which the United States enjoys reciprocal trade and investment agreements. E-1 visas can be applied for by foreign nationals of countries with which the US has one of the above named agreements for the purpose of inspiring substantial trade principally between the United States and the foreign country of which he or she is a national. His or her foreign employer must be controlled by more than 50 percent in equity by a national residing in a treaty state ("Treaty National"). The E-1 visa may be granted for an initial one-year period, and can be extended in increments of up to two years. 3

4 The E-2 Visa - Treaty Investor E-2 visas can be applied for by foreign nationals who enter the United States to develop and direct the operations of an enterprise in which the foreign Treaty National (see "E-1, Treaty Trader") has invested, or is actively in the process of investing a substantial amount of capital in the pursuit of provisions of any reciprocal trade and investment agreement. The E-2 visa is initially granted for one year, and can be extended in appropriate circumstances. 3.3 F-1 Visa-Student F-1 visas can be applied for by students qualified to pursue a full course of study in an educational program who seek to enter the United States temporarily and solely for the purpose of pursuing such a course of study. The duration of such status is tailored to the length of the program of study (which must not exceed 12 months), plus any period of authorized practical training, plus an additional sixty days. Note: In the event that the student desires to work, he/she must additionally apply for permission to become employed. 3.4 The H-Visa H-1B Visa - Specialty Occupation Workers H-1B visas can be applied for by foreign nationals who intend to enter the United States to perform services in a "specialty occupation". Such individuals must possess the appropriate education and/or professional background. He or she may be admitted to perform these services for the duration indicated to the INS. The maximum period allowed, including all extensions, is six years. H-3 Visa - Trainee H-3 visas can be applied for by foreign nationals who intend to enter the US temporarily for training, in any field of endeavour, who have been invited to do so by an individual, organization, firm or other trainer. The H-3 program is limited to training. The permitted length of stay is generally set to the required training time, so long as it does not surpass 2 years. Extensions are available in limited circumstances. 3.5 TJ-Visa - Exchange Alien General Information The J visa program is designed to facilitate educational and cultural exchange activities in order to develop and promote mutual understanding between the United States and other countries of the world. A foreign national seeking a J visa must maintain a foreign residence abroad that he has no intention of abandoning, and must be admitted to an agency or organization designated as an exchange visitor program sponsor. J-1 visas can generally be obtained for a duration of up to two years. The J-1 Visa The US Information Agency USIA has designated some special programs under which foreign nationals are provided opportunities for on-the-job practical training in a US workplace with a maximum duration of 3 to 18 months. The organizations sponsoring such programs are able to issue participants form IAP-66, the decisive document for obtaining a J-1 exchange visitor visa. A few organizations can provide an IAP-66 to persons who have found their own positions. Individuals looking for their own position, should apply to these organizations as early as possible, even before locating a position. After securing a trainee position, it is possible to obtain the IAP-66 and apply at the nearest consulate for a J-1 exchange visitor visa. 4

5 3.6 L-1 Visa - Intra-Company Transferee The L visa category covers employees who will be temporarily transferred from a company abroad to a related company in the United States to serve in executive, managerial or specialized knowledge capacities. To qualify as an L-1 intra-company transferee, the individuals must be a foreign national who, during the three-year period immediately preceding the time of his or her application for admission into the United States, has been employed for at least one year by a firm or corporation or other legal entity and who seeks to enter the United States temporarily in order to continue to render his or her services to the same employer in one of the mentioned capacities. Generally recipients are granted an initial stay of three years, which may be extended up to seven years. Please note, that if a German employee owns an L-Visa, his or her spouse will receive a working permit accordingly. This applies as of the beginning of Information for Employers The following URL offers employers information on eligibility and procedures for work related visas. 4 Permanent Resident (Immigrant) Alien Status Categories Lawful permanent resident status in the US may be obtained by applicants who meet several quantitative and qualitative requirements of US law. An applicant must either obtain family preference classification, or employment preference classification. Admittance to the permanent resident alien status may also be based on a major investment in the United States, or selection through the diversity (lottery) visa program. All of the above, except family preference classifications, are based upon national and worldwide quotas. This can result in extended waiting periods. 4.1 Family-Sponsored Preference This category is based on the petition of specified close relatives who are permanent residents or citizens of the US. Immediate relatives of U.S. citizens (including the spouse, minor children and parents of adult U.S. citizens) are an unrestricted category, not subject to numerical limitation and may therefore obtain an immigrant visa if they are eligible for preference in one of the preference classes in descending order: unmarried sons and daughters of U.S. citizens spouses and unmarried children of permanent resident aliens unmarried adult sons and daughters of permanent resident aliens married sons and daughters of permanent resident aliens brothers and sisters of U.S. citizens. 4.2 Employment-Based Preferences This category is based on the petition of a sponsoring employer or prospective employer. Immigrant visas (the so-called "green card") can be obtained by foreign nationals located outside of the United States as well as those who are lawfully present in the United States and have never violated the terms of their non-immigrant status. To obtain an employment-based visa, a foreign national in most cases must find an employer in the United States to offer him or her a full time permanent job and to "sponsor" him or her for permanent residence. The Immigration Act of 1990 defines five categories or 5

6 preferences for immigration based on employment or employment-creation, one of which of these five categories must be fulfilled. Such preferences are based on extraordinary abilities in a specific field of profession or activity, or on the designation by the INS that he or she is of "national interest". 4.3 Diversity Immigrant Visa Program - Green Card Lottery General Information The United States makes 50,000 permanent residence visas available every year for persons from countries that have low immigration rates. The registration period for the next drawing will be announced in the summer of 2002 (dates will be advertised on the US Department of State's web page: Note: A greater number of visas will go to those regions that have lower immigrations rates The visas are apportioned to six geographic regions: AFRICA ASIA EUROPE NORTH AMERICA OCEANIA SOUTH AMERICA CENTRAL AMERICA CARIBBEAN Countries from which the United States has received more than 50,000 immigrants in the past five years are not eligible. In Europe all countries, except Great Britain (United Kingdom) and its dependent territories are eligible. Note: Northern Ireland is eligible Requirements Application guidelines 1. He/she must have been born in a qualifying country. 2. He/she must either have a high school education or its equivalent, or have two years experience working in an occupation that requires at least two years of training or experience in the past five years. 3. He/she must have a spouse that was born in an eligible country whose nationality he/she can claim. This is only valid so long as both the applicant and the spouse are issued visas and enter the US simultaneously. Application procedure There is no initial application fee or specialized form. All entries must simply be typed (in the English alphabet) on a plain white piece of paper and include the following (the appropriate format has been offset in bold): 6

7 1. The applicant's full name LAST, First Middle 2. Date and place of birth dd/mm/yyyy city, state, country 3. The applicant's native country, if different from his country of birth. Countries must be classified according to their present day names. The native country on the application must correspond with the native country found on the envelope. 4. The name, date and place of birth of the applicant's spouse (husband or wife, even if separated, and even if the spouse does not plan to immigrate), and all natural children, as well as legally-adopted and stepchildren, who are unmarried and under the age of 21 years, even if you are no longer legally married to the child's parent, and even if the child does not currently reside with you and/or will not immigrate with you. Note that married children and children 21 years and older will not qualify for the Diversity Visa. Failure to list all children will result in your disqualification for this visa. (spouse) (child(ren)) (dd/mm/yyyy) (dd,mm,yyyy) (city, state, country) (city, state, country) 5. The applicant's mailing address, and if possible, a telephone number. (street & house number) (telephone number) (city & postal code) 6. A recent (preferably less than 6 months old) full frontal view photograph 2 inches by 2 inches (50mm by 50mm, light background) of the applicant, the applicant's spouse, and all children. Print name and date of birth of each family member on the back of the photograph. Failure to submit required photos for all family members will result in disqualification. Photos should be attached with tape. Photos not in focus or if the person is wearing a hat or glasses with dark lens, and/or if the face is obscured, will not be accepted. 7. The applicant must also personally sign the entry using his or her usual and customary signature in the native language, regardless of whether the entry is prepared and submitted by the applicant, or someone else. Photocopied signatures are not acceptable. (Only the principal applicant, not the spouse and children, needs to submit a signature) Any entry that is not personally signed by the applicant will be disqualified. Mailing instructions The application should be mailed by regular mail or air mail to the DV-2003 Program, Kentucky Consular Program, 3003 Visa Crest, Migrate, Kentucky , U.S.A. using a regular letter or business-size envelope measuring 9-11cm in width and 15-25cm in length. Post cards are not acceptable. You must list your "Native Country," full name, mailing address and country of residence typed or clearly printed in the English alphabet in the upper left-hand corner of the envelope. The "Native Country" on the envelope must correspond with the one indicated on the application. Note: Entries sent by express or priority mail, fax, hand, messenger or any other means requiring receipt or special handling will not be processed. 7

8 Example for EUROPEAN applications: Native Country Last name, First & Middle name Street and Street number City and Postal code Country DV-2003 Program Kentucky Consular Program 3003 Visa Crest Migrate, Kentucky U.S.A Other Important Information 1. Applicants may only submit one application during a given registration period. Duplicate or multiple entries will cause the applicant to become disqualified. 2. Entries received before or after the registration period (regardless of when they are postmarked) as well as entries sent to addresses other than the above will not be evaluated. 3. All entries are randomly drawn from a computer - the date when the application was received does not effect the outcome. 4. Applicants who fail to personally sign the application will be disqualified. 5. Only successful applicants will be notified by mail by the Kentucky Consular Center at the address listed on their entry. The notifications will be sent along with instructions on how to apply for an immigrant visa. 6. IMPORTANT: Being selected in the DV program does not automatically guarantee being issued a visa because the number of applicants selected is greater than the number of immigrant visas available. Those selected should therefore submit their immigrant visa applications as fast as possible Further Information Further information can be obtained from: the American Embassy's website The U.S. Visa Information Service: Recorded message 24 Hours daily 1,86/min; Live visa operator service Mon-Fri, 7am-8pm 1,86/min Fax-on-Demand (German) 24 Hours daily 1,86/min The Kentucky Consular Section via to kccdv@state.gov Telephone: (from Germany) 001 (606)

IMMIGRATION LAW OVERVIEW DETAILED OUTLINE

IMMIGRATION LAW OVERVIEW DETAILED OUTLINE This is the part of the law that deals with aliens who come to the United States to stay either permanently or temporarily. An alien who comes to stay temporarily