NONIMMIGRANT VISAS

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• NON-IMMIGRANT VISAS
• TO THE U.S.

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What is a Non-Immigrant Visa? 

• A nonimmigrant visa is most frequently a
  tourist, business, student, or work visa that
  will permit the applicant to stay for a
  particular period of time in the United States to
  accomplish a specific purpose, such as visiting,
  studying, or working.

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Visa Validity

• A visa's validity is the time period that a visa
  may be used to apply for admission to the U.S.
• For instance, a businessman who receives a 10
  year multiple entry visa has a 10 year period
  during which he or she may apply for admission to
  the U.S.
• It does not mean one can go to the U.S. and
  live there for 10 years.

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Visa ValidityCont.

• Upon arrival in the U.S., an immigration officer
  will
• 1)actually decide whether to authorize the
  traveler's admission to the United States
• 2) and determine the period of authorized stay.

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Port of Entry

• Applicants should be aware that a visa does not
  guarantee entry to the United States.
• At the port of entry, an immigration officer may
  deny entry to the holder of a valid visa if the
  traveler's activities do not appear to agree with
  the specified visa category.

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B1/B2

• BUSINESS

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B1/B2 Visa - Business

• Acceptable B1/B2 Activities
• Selling
• An individual traveling to the United States
• to take part in an exhibition,
• to set up an exhibition booth,
• to display samples,
• to sign contracts,
• to take orders for merchandise produced.

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B1/B2 Visa Business Cont.
The holder of a B-1 visa may not actually
sell or take orders for merchandise produced in
the United States.
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B1/B2 Visa Business Cont.

• 2. Conference
• Participants in scientific, educational,
  professional, or business conventions,
  conferences or seminars may travel to the United
  States on B-1 visas

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B1/B2 Visa Business Cont.

• 3.Business venture
• The B-1 visa is the appropriate visa
  classification to travel to the United States to
  survey potential sites for a business and/or to
  lease premises.
• However, the holder of a B-1 visa may not
  remain in the United States to manage the
  business.

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(H VISAS)

• TEMPORARY WORK VISA

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H Temporary Work Visa

• Intention of working in the United States
  temporarily in specific prearranged employment.
• The employment must be approved in advance by the
  U.S. Citizenship and Immigration Services (USCIS)

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Types of H Visa

• H1B (Specialty Occupation)
• Required by an employee to perform services in a
  prearranged professional job.
• Requires a bachelors or higher degree in the
  specific specialty.

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Types of H Visa

• H2B (Skilled/Unskilled Worker)
• Required for temporary or seasonal jobs and for
  which there is a shortage of U.S. workers.

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Types of H Visa

• H3 (Trainee)
• Is required by a trainee to receive training from
  an employer in any field of endeavor, other than
  graduate education or training.

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What happens once the petition has been
approved ?

• If an H petition has been approved in your name
  you will be required to apply for a visa before
  traveling to the United States.

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 If you are applying for an H-1B visa, you need
to present

• All the required documents for any non-immigrant
  visa PLUS
• I-797 The original notice of approval.
• The complete I-129 petition including the Labor
  Condition Application.
• The originals plus one copy of university
  diplomas, mark sheets and any certificates.
• Letter from petitioning employer confirming
  employer's intent to hire the applicant.
• The original plus one copy of your work
  experience letters from your previous employers.

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First Time Applicants May Consider Submitting the
Following Documents Part 1

• Pay slips from current or most recent place of
  employment.
• Names and current phone numbers of the personnel
  managers at present and past jobs.
• Photographs of the inside and outside of current
  or most recent employer's place of business.
• Names and contact information of two co-workers
  from your current or most recent place of
  employment.

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First Time Applicants May Consider Submitting
the Following Documents Part 2

• Names and contact information of two co-workers
  from past jobs.
• A complete resume/bio-data and cover letter
  describing current job duties in detail.
• Personal bank records for the last six months.
• US company information photographs of the inside
  and outside of the company's offices, prospectus,
  brochures, and annual report.

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Spouses, Children and Partners

• Spouses and/or children under age of 21 require
  derivative H-4 visas.
• Spouses and/or children who do not intend to
  reside in the U.S. with principal visa holder but
  visit for vacation only may apply for B-2
  (visitor) visas.

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H-4 Versus F-1

• No requirement for spouse and/or children of an
  H-1 visa holder apply for a student (F-1) visa if
  they want to study in the U.S., they may study on
  an H-4.
• If qualified they may apply for the F-1 visa.

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Working on an H-4 Visa

• The holder of and H-4 visa may not work on a
  derivative visa.
• If he or she is seeking employment, the
  appropriate work visa will be required.
• Please Note Final travel plans or the
  purchase of nonrefundable tickets should not be
  made until a visa has been issued.

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(E-1) (E-2)

• TREATY TRADER INVESTOR

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 Introduction 

• The Immigration and Nationality Act provides
  non-immigrant visa status for a national of a
  country with which the United States maintains a
  Treaty of Commerce and Navigation who is coming
  to the United States to carry on substantial
  trade, including trade in services or technology,
  principally between the United States and the
  treaty country, or to develop and direct the
  operations of an enterprise in which the national
  has invested or is actively in the process of
  investing a substantial amount of capital.

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Requirements for Treaty Trader Visa (E-1)

• The applicant must be a national of the treaty
  country
• The trading firm must have the nationality of the
  treaty country
• The international trade must be "substantial"

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Requirements for Treaty Trader Visa (E-1) Cont.

• The trade must be principally between the United
  States and the treaty country
• Trade means the international exchange of goods,
  services and technology. Title of the trade items
  must pass from one party to the other

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Requirements for Treaty Investor Visa (E-2)

• The investor, either a real or corporate person,
  must be a national of a treaty country
• The investment must be substantial.The percentage
  of investment for a low-cost business enterprise
  must be higher than the percentage of investment
  in a high-cost enterprise

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Requirements for Treaty Investor Visa(E-2) Cont.

• The investment must be a real operating
  enterprise
• The investment may not be marginal. It must
  generate significantly more income than just to
  provide a living to the investor and family, or
  it must have a significant economic impact in the
  United States

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Requirements for Treaty Investor Visa(E-2) Cont.

• The investor must have control of the funds and
  the investment must be at risk in the commercial
  sense
• The investor must be coming to the United States
  to develop and direct the enterprise

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Requirements for Employees of both categories
who are not investors

• Must have the same nationality as the Employer
• Must be employed in a supervisory or executive
  capacity or have a highly specialized skill

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Application Procedure

• All requirements for E-1/E-2 mentioned above must
  be met
• DS-156E and and all required company
  documentation
• DS-156
• DS-157 For male applicants between the ages of
  16-45
• One Photograph
• Fee
• Passport and statement of intent to depart the
  United States on termination of E status

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New Enterprise Applications Enterprise

• DS-156E "Non-immigrant Treaty Trader/Investor
  Application Form
• Corporate documents
• A letter of introduction to the enterprise
• A five year plan

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Investor/employee

• Part III Applicant Form DS-156E, together with
  curriculum vitae, copy of degrees etc
• Form DS-156
• Form DS-157
• Photograph
• Fee
• statement of intent to depart the United States
  on termination of E status
• Certificate of net worth duly authenticated

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Family members

• Spouses and unmarried children under 21 years of
  age, regardless of nationality, may receive
  derivative E visas
• Spouses of E visa holders may seek employment
  authorization on derivative E visas. (For
  further information, please contact the U.S.
  Citizenship and Immigration Services (CIS)

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Revalidation of E status

• DS-156E duly completed
• Updated corporate documentation
• Copies of most the recent U.S. tax returns and
  financial report
• W2 (for investors with 10 employees or less) and
  letter from the company summarizing its
  performance to date and outlining future plans

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New employees for companies who currently hold
E status

• All the forms and information detailed above
• A brief narrative of applicant's
  quality/suitability for the position
• An organization chart showing the employee
  position in the enterprise.
• (All corporate documentation needs to be updated
  and resubmitted this information to include
  latest U.S. tax returns and financial reports if
  the companys status is about to expire)

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Port of Entry

• The U.S. Customs and Border Protection Agency
  (CBP) has authority to deny admission
• A CBP official validates the Form I-94, Record
  of Arrival-Departure, which notes the length of
  stay permitted
• Contact the U.S. Citizenship Immigration
  Services (CIS) to request Form I-539, Application
  to Extend Status

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Time Limits

• Holders of E visas may reside in the United
  States as long as they continue to maintain their
  status with the enterprise

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How to apply

• Schedule an appointment through the non-immigrant
  visa appointment system
• Bring all required documents for submission on
  the day of interview
• Review of corporate files may take between two to
  four weeks
• (in rare cases, applicants will be called in for
  another interview)

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L VISAS

• Intra-company Transferee Visa (L-1)

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L-1 classification

• Intracompany transferees who, within the three
  preceding years, have been employed outside the
  U.S. continuously for one year
• Who wishes to establish, or be employed by a
  branch, parent, affiliate or subsidiary of that
  same employer in the U. S. in a managerial,
  executive, or specialized knowledge capacity

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Blanket L-1 visa

• Blanket L-1 visa applicants are required to pay a
  500.00 Fraud Prevention and Detection Fee.

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• For detailed information visit www.travel.state.go
  v

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 U.S. VISA PROCEDURES 
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Be Prepared

• The average interview takes 3-5 minutes.
• The central questions
• Will the visa applicant return to their home
  country?
• What will the applicant do in the U.S.?

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What We Look For

• Immigration and Naturalization Act, section
  214(b) Everyone is a presumed immigrant.
• You overcome this presumption by showing social,
  economic, professional or family ties to Turkey.
• There are many ways to show these ties.

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Documents (Part I)

• Complete instructions are available on the
  website ankara.usembassy.gov/guide_to_niv.html
• Use the electronic visa application form and get
  priority.

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Documents (Part II)

• DS 156, DS 157 (for men 16-45)
• Photograph (strict rules!)
• Documents about your job
• Proof of ability to pay
• Prior passport
• Ties to Turkey

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The Interview

• Apply 6-8 weeks before you intend to travel.
• Tell the truth!
• English, or Turkish?

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Congratulations, You Got A Visa!

• UPS Delivery of your passport and visa in 2-3
  days.
• Dont open that sealed envelope!

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Sorry, You Dont Qualify for A Visa ...

• 221(g) refusals Whats missing?
• 214(b) refusals Should you reapply?

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THANK YOU!

• We hope to see you at the visa window!