Requirements for Business Visa H-1B, B-1,B-2,TN/TD

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Requirements for Business Visa H-1B, B-1,B-2,TN/TD (United States)

Gather Required Documentation Gather and prepare the following required documents before your visa interview:

Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). Each individual who needs a visa must submit a separate application, including any family members listed in your passport.
Nonimmigrant Visa Application, Form DS-160 confirmation page.
Application fee payment receipt, if you are required to pay before your interview.
Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements.

Additional Documentation May Be Required

The purpose of your trip,Your intent to depart the United States after your trip, and/or Your ability to pay all costs of the trip.

Evidence of your employment and/or your family ties may be sufficient to show the purpose of your trip and your intent to return to your home country. If you cannot cover all the costs for your trip, you may show evidence that another person will cover some or all costs for your trip.

Note: Visa applicants must qualify on the basis of the applicant’s residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa.

Attend Your Visa Interview

A consular officer will interview you to determine whether you are qualified to receive a visitor visa. You must establish that you meet the requirements under U.S. law to receive a visa.

Ink-free, digital fingerprint scans are taken as part of the application process. They are usually taken during your interview, but this varies based on location.

After your visa interview, the consular officer may determine that your application requires further administrative processing. The consular officer will inform you if this required.

After the visa is approved, you may need to pay a visa issuance fee (if applicable to your nationality), and make arrangements for the return of the passport and visa to you. Review the visa processing times to learn more.

Entering the United States

A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an 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 port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or a paper Form I-94, Arrival/Departure Record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website.

Extending Your Stay

See Extend Your Stay on the U.S. Citizenship and Immigration Services (USCIS) website to learn about requesting to extend your stay beyond the date indicated on your admission stamp or paper Form I-94.

Failure to depart the United States on time will result in being out of status. Under U.S. law, visas of individuals who are out of status are automatically voided (Section 222(g) of the Immigration and Nationality Act). Any multiple entry visa that was voided due to being out of status will not be valid for future entries into the United States.

Failure to depart the United States on time may also result in you being ineligible for visas in the future. Review Visa Denials and Ineligibilities and Waivers: Laws to learn more.

Change of Status

If your plans change while in the United States (for example, you marry a U.S. citizen or receive an offer of employment), you may be able to request a change in your nonimmigrant status to another category through U.S. Citizenship and Immigration Services (USCIS). See Change My Nonimmigrant Status on the USCIS website to learn more.

While you are in the United States, receiving a change of status from USCIS does not require you to apply for a new visa. However, once you depart the United States you must apply for a new visa at a U.S. Embassy or Consulate in the appropriate category for your travel.

Additional Information

An individual on a visitor visa (B1/B2) is not permitted to accept employment or work in the United States.

There is no guarantee you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.

A valid U.S. visa in an expired passport is still valid. Unless canceled or revoked, a visa is valid until its expiration date. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States.

TN Visa Requirements

Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). Each individual who needs a visa must submit a separate application, including any family members listed in your passport.

Nonimmigrant Visa Application, Form DS-160 confirmation page
Application fee payment receipt, if you are required to pay before your interview

Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements. (A photo is not required if you are applying in Mexico.)
A contract or letter of employment in the United States – To show that you have a job offer, provide a contract or employment letter from your employer in the United States confirming your upcoming

employment in one of the professional occupations listed in Appendix 1306.d.1 of NAFTA Chapter 16. The letter should also include:

Your purpose of entry;

A detailed description of your anticipated business activities or job responsibilities; Your anticipated length of stay in the United States; Your educational qualifications or appropriate credentials demonstrating professional status; Evidence of your compliance with Department of Homeland Security (DHS) regulations and/or state laws; and Arrangements for your pay. Documentation proving that you meet the minimum education and/or work experience requirements set forth in Appendix 1603.d.1 of NAFTA chapter 16 – Evidence of education would include degrees, diplomas, certificates, professional licenses, and /or membership in professional organizations. To demonstrate your experience, present letters from former employers. If you were self-employed, provide your business records.

Additional Documentation May Be Required

A consular officer will interview you to determine your qualifications for a TN visa. Additional documents may be requested to establish if you are qualified. For example, additional requested documents may include evidence of your intent to depart the United States after employment as a NAFTA professional. Evidence of your family ties may be sufficient to show your intent to return to your home country.

Licensure – Proof of licensure to practice a given profession in the United States is not required to receive a TN visa, but you should consider presenting such proof along with your job offer letter and other documentation in support of your TN visa application. Upon arriving in the United States, state or non-Federal authorities may require you to present proof of licensure to practice a given profession.

H1-B Visa requirements You must have ONE of the following

  • A Bachelor’s degree or Masters Degree (or the foreign equivalent degree from your Country), OR
  • 12 years work experience , OR
  • A mix of further education + work experience

The general H1B visa qualification rule is:

– for every 1 year of studies at University / College = 3 points
– for every 1 year of work experience = 1 point
12 points in ‘total’ are required to qualify for the H1B visa program

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