First step in applying for

1. bonafide opportunity

2. the appropriate wages being paid

3. appropriate recruitment

4. alien’s appropriateness for the position.

An employer must advertise the position in the company for 10 consecutive days and three days in local paper. It is also advisable to show 6 months recruitment efforts for the position.

A labor certification can take somewhere between 4 months to 2 years depending on the state where you have applied. Once the Labor certification is granted it is valid indefinitely unless the job description or requirements are changed. The second step is applying for the Greencard.

You can apply for GC with H-1B visa but it is advisable to wait for about 3-6 months after you get H-1B. Spouse and kids qualify for GC irrespective (except for J1) of the type of visa, as long as they are on valid visa in US. If the spouse/kids are on a J1/J2 visa with 2 years Home Residence Requirement (HRR), they may not adjust status to permanent residency unless (I) they have served the HRR (ii) or they have obtained a waiver of the HRR.

The spouse of a US citizen gets a conditional Greencard immediately. After three years, the spouse is eligible for his/her citizenship.

Please remember that a GC can be invoked if the beneficiary’s conduct is detrimental to the society in the eyes of law.

Persons who are 18 years of age or have lawfully admitted permanent resident aliens and who meet following criteria might apply for citizenship. There are four requirements that must be met by every applicant:
(I) basic literacy in English Language
(ii) knowledge of US history
(iii) Five years of residency in US {3 years in case of living with US citizen spouse}
(iv) good moral character.

H-1 visa is issued in following variations:

H-1A Registered Nurse

H-1B1 Specialty Occupation (Professionals)

H-1B2 U.S. department of defense special visas

H-1B3 Artists, entertainers or fashion models of national or international acclaim

H-1B4 Artists or entertainers in unique or traditional art form

H-1B5 Athletes

H-1Bs Essential support personnel for H-1B entertainer or athlete

An H-1B classification is available, for a period not to exceed a total of six years, to foreign employees:

1. Who will be incumbent in a temporary position
2. who will perform services in a specialty occupation
3. On whose behalf the employer has obtained an approved Labor Condition Application (LCA)

H-1B visa application procedure is as follows:

1. Obtaining Labor Condition Application (LCA)

A: Obtaining Prevailing Wage Determination

You first need to obtain a prevailing wage determination from the local employment office that has jurisdiction over the geographical area of employment. Having obtained the prevailing wage for the offered position you will then file an LCA with Department of labor

B: Applying to the US department of Labor

An LCA is an application to the US Department of Labor (DOL) whereby an employer assures the DOL that hiring of a foreign worker would not be detrimental to similarly situated US workers. DOL will routinely approve the LCA if it is completed and signed. The approved LCA will then be sent back to the lawyer for filling with the Immigration & Naturalization Service (INS) along with petition for H-1B classification

2. Filing with the INS

Filing with the INS entails submitting proof of the employee’s qualifications and of the offered job conforming to the criteria explained above. Additionally, certain forms will be submitted describing the job and providing certain basic information about the employer.

Application to the INS is the last step in the H-1B classification process. On rare occasions INS may require further documentation to prove various elements of H-1B visa. It takes around 90 to 120 days for the INS to issue the approval notice. If an applicant is outside the US one copy of the approval is directed to the required consulate to issue the visa to the applicant. If the applicant is already in the US and within status the approval notice include a new I-94 which becomes the permission to stay. If the person wants to travel outside US he/she is best advised to apply for a visa from the country of last residence or home country. But as a practical matter, a US consulate in a third country may give you the visa. It depends upon whether or not that consulate accepts H-1 applications from persons not connected with their consulate.

J-1 visa can be issued in following categories;

According to USA regulation [ 22 CFR 514.2], participants include, but are not limited to, the following types:

1. A student, for the purpose of pursuing formal courses, or any combination of courses, research, or teaching, leading to a recognized degree or certificate, in a established school or institution of learning
   
2. A teacher, for the purpose of teaching in established primary or secondary schools, or established schools offering specialized instruction
   
3. A trainee, for the purpose of obtaining on-the-job training with firms, institutions and/or agencies in specialized field of knowledge or skill for periods not to exceed 18 months
   
4. A professor, for the purpose of teaching or conducting advanced research, or both in an established institute of higher learning
   
5. A research scholar or specialist, for the purpose of undertaking or participating in research or in demonstrating specialized knowledge or skills
   
6. An international visitor, for the purpose of travel, observation, consultation, research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs; or
   
7. A professional trainee, for the purpose of pursuing clinical training in the medical and allied fields.

The spouse of J-1 visa holder is allowed to work during the stay after getting permission from INS. J-1 visa holder has to spend 2 years of continuous residency in the home country before they can apply for any other category of visa. In some cases the waiver can be granted. Please consult your lawyer to understand the requirement for waivers. Waiver decisions are jointly made by INS and US Information Agency (USIA) (with much weight being given by INS to the decision of USIA). Waiver can be granted based on following reasons;

1. At the request of a US government agency (NASA, NSA, CIA …..)
   
2. Extreme hardship to US citizen or green card holder spouse or child. Mere resettlement or economic loss may not be sufficient
   
3. Political prosecution
   
4. No-objection: the home government issues a statement of no-objection
   

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Following documents can help an applicant get a visitors visa:

• Employment letter from your employer, on official stationary, showing date and nature of employment, compensation package and tenure of employment whether temporary or permanent
  
• Bank reference letter showing account opening date, amount deposited during the preceding year, and present balance
  
• Proof of any property ownership
  
• Tax returns for previous years

L-1 visa is available to foreign national who, within the three years immediately prior to entering the US, has been employed abroad for at least one continuous year and is now seeking temporary admission to the US to be employed by a parent/branch/affiliate/subsidiary of that foreign employer in a managerial or executive capacity, or in a position requiring specialized knowledge. An L-1 petition may be approved for up to three years, with the possibility of extension for up to four more years. In the case of a new office in the US, the L-1 will be limited to one year initially with extensions provided thereafter if the new office flourishes. The spouse and children (under 21 years and unmarried) may obtain L-2 visas allowing them to enter the US with the principal alien, however, they are not allowed to work unless they can qualify on their own for work visa. They are allowed to attend school and/or participate in voluntary organization. L-1 visa may provide quick access to lawful permanent resident (immigrant) status in US.

Following documents are required from the sponsoring company:

1. Financial statements – balance sheet and income statement
2. Last years tax return
3. Company profile and product brochure
4. Organizational chart
5. Proof of employment of the beneficiary with the sponsoring company
6. Current invoices and customer correspondence
7. Business plan for US operation
8. Bank reference letter

It usually takes 90 to 120 days for INS to issue approval, if any. If the beneficiary is already in US he/she can start working for the sponsoring company. If in the home country of the sponsoring company a copy of he approval is sent to the nearest consulate from where the beneficiary can get the visa after an interview.

The K class visa is the "alien fiancé(e)" visa, which is a non-immigrant visa. A US citizen who wishes to marry a foreigner may file a K class petition which, when granted, allows the foreigner to enter the US and marry within 90 days of arrival. Once married, the foreigner should file for conditional permanent residence. There are two K class visas:

K1- for direct fiancé(e)

K2- for children of fiancé(e)

Generally, once the petition is filed, it takes about 30 days to hear from the INS their approval or denial, then at least another 30 days for the paper work to be transmitted to the foreign embassy and for the interview appointment to be arranged. It can take up to 5 or 6 months total, though usually it is 90 days or so.

F-1 visa is issued to any alien who has applied to and been accepted to enroll on full time basis in an academic education program which has been approved by the INS. The student has to be proficient in English or engaged in English language courses leading to English proficiency. The alien must also demonstrate sufficient financial resources to study without having to work and he/she must also show that there is no intent to abandon residency in the student’s home country. Aliens who are already in the US in a valid status may apply for adjustment of status to the student status.

A dependent spouse and children (under 21 and unmarried) are eligible for n F-2 visa valid for as long as the F-1 is in valid status. F-2s may study on a full time or part time basis, but may not receive financial aid or engage in employment.

Any F-1 who is maintaining status may work on the school campus for up to 20 hours/week during school and full time during breaks. On-campus employment may not displace US workers, but no proof of this is required. The basic test is whether students or workers traditionally fill the position. Most schools require you to receive authorization from your foreign student advisor; INS permission is not required. The procedure for getting is very simple. The student must obtain an I-20 A-B Certificate of Eligibility from the school where the student intends to enroll and submit together with the OF-156 Non-immigrant Visa form and supporting documentation regarding financial resources evidencing an intent to return to the students home country to a US Consulate in the students home country. After the visa is issued, the student applies at the US border for admission. If the applicant is already in the US in another non-immigrant status, the student applies to INS.