Wednesday, July 21, 2010

United States of America visa assistance

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Visa Note and Fees
Applying for a Visa All non-immigrant visa applicants must follow these steps in order to apply for a US Visa and to schedule a visa Interview:

Step 1: All nonimmigrant visa applicants except "Officials travelling on government business" and "Officials of international organisation travelling for official purpose" must pay the Application Fee and VFS Service' Charge at a designated Branch of HDFC Bank before applying for a visa. This fee should be paid at HDFC Bank and a Visa Fee Receipt should be obtained prior to confirming a visa interview appointment online or at any US Visa Application Centre. The Fee Receipt gets activated after 2 working days from the date of issue. No attempt should be made to take an appointment till then. The Receipt is valid till 1 year from the date of payment, and can be used only once. For the fee payment at HDFC Bank a photocopy of the 1st page of the Applicant's passport is a mandatory requirement. Indian Citizen's residing in the US should fax a copy of the passport's data page to the person in India assisting them. The fees (non refundable) payable per passport, in cash or by a Demand Draft/ HDFC Bank Cheque favoring "HDFC Bank a/c VFS" are: Visa Application Fee (MRV Fee) of USD 131, and Service Charge: Rs. 374/- which includes VFS' service charge Rs. 359/- & Bank service charge Rs. 15/- (inclusive of Service Tax @ 10% and Education Cess Tax @0.30%). Please note bank will not accept cash if Travel Agents submits this fee, but it can be accepted if Applicant submits personally. Demand Drafts issued by Co-operative Banks are not accepted.

Step 2: Log on to the website http://www.vfs-usa.co.in and click on the Apply for a Non-immigrant Visa link once the fees are paid. You will need to use the barcode number from your HDFC Bank Fee Receipt in order to schedule an appointment. You will be required to fill the forms DS-156 and DS-157 and DS-158 (if applicable) at that time. You will have to wait 48 hours after paying the fee before you can book an appointment.

Step 3: Report to the US Embassy or Consulate where your appointment for a visa interview is scheduled. You will need to bring the printed Appointment Letter, the Visa Application Forms, one recent photograph , the original HDFC Bank Fee Receipt with its two barcode stickers. Applications without an original HDFC Bank Receipt or with an incorrect photograph will NOT be accepted.

Step 4: If you are issued a visa, your passport will be returned to you via courier. Applicants can seek information at any US Visa Application Centre located in 12 cities across India. For more information about Visas to the United States, or to make an appointment for a Visa using the new VFS system, please visit http://www.vfs-usa.co.in

For more information about Visas to the United States, or to make an appointment for a Visa using the new VFS system, please visit one of the following links: U.S. Embassy and Consulates

http://newdelhi.usembassy.gov http://calcutta.usconsulate.gov http://chennai.usconsulate.gov http://mumbai.usconsulate.gov

VFS http://www.vfs-usa.co.in (active October 1, 2005)

Photograph Requirements across all cases: The photograph should measure 50 mm X 50 mm, should not be more than 6 months old, should be taken against a white or off-white background and with the head centred in the frame. The head (measured from the top of the hair to the bottom of the chin) should measure between 25 mm to 35 mm with the eye level between 28 mm and 35 mm from the bottom of the photo. The following are the photograph requirements:

The photo must be a full face view in which the visa applicant is facing the camera directly. The applicant should not look down or to either side, and the face should cover about 50 percent of the photo area. Side or angled views are NOT acceptable. The photo should be in colour, and must have only a white or off-white background. Photos with dark, busy, or patterned backgrounds will not be accepted. In general, the applicant's head, including both face and hair, should be shown from the crown of the head to the tip of the chin on top and bottom and from hairline side-to-side. It is preferable that ears be exposed. Head coverings and hats are only acceptable due to religious beliefs, and even then, may not cover any portion of the applicant's face. Sunglasses or other wear that detracts from the face are not acceptable unless required for medical reasons, for example, an eye patch. A photo of an applicant wearing a traditional facemask or veil that does not permit adequate identification is not acceptable. Photos of military, airline, or other personnel wearing hats are not acceptable. A photo of an applicant wearing tribal, national costume, or other headgear not religious in nature is not acceptable. A photo of a minor child must contain no one else. If the child needs to be supported, the means of support should not be in the camera's frame. Group photos are NOT acceptable. As a separate visa is issued to each qualified applicant, a photo of each applicant is required. Digital photos must meet all the requirements and be reproduced without any dot patterns or pixels being visible. Digitally scanned photos and photocopied photos are NOT acceptable. Only original photos are acceptable. Digitally altered or retouched photos are NOT acceptable. The applicant's appearance and the background of the picture must not be altered.

Non-Immigrant Visas

This is most frequently a tourist, business, student, or specialty worker visa permitting the applicant to stay for a particular period of time in the United States. Applicants should be aware that a visa does not guarantee entry to the United States. At the port of entry, an Inspector may deny admission to the holder of a valid visa if the traveller's activities do not appear to be compatible with the specified visa category.

Business
All documents possibly required for a non-immigrant visa are required at hand. (Indicative list given in the previous category). The Applicant should have a passport valid for at least six months from the desired date of entry. The validity of the visa issued will in no case extend the validity of the passport. One passport-size photograph (Details as above). A Completed and signed Visa Application Form: DS-156. An Appointment Letter. HDFC Bank Fee Receipt with two bar code stickers. In addition to the above forms, if applying for a F-1, M-1 and J-1 visa, the Applicant must submit a completed and signed application form DS-158. A completed and signed Supplemental Application Form - DS-157. An Invitation Letter from the US Counterpart/ Company. Exchanges of Correspondence with U.S. Purchasers, Suppliers or Contacts. Recent contracts, Bills of Lading and other documentary evidence of recent imports and exports of purchases. Any evidence of arrangements for lodging and appointments already made in the U.S. in preparation of the trip is required as support documents. Incorporation documents and business license(s). Income Tax Returns for the last 2 years. Bank transaction statements detailing all deposits and withdrawals for the last 6 months. The Personal and Company accounts need to be submitted, along with evidence of authority to draw on the Company Accounts. Any copies of recent advertising brochures or publications.

Notes:

Business and Tourist visa applicants are required to demonstrate their ties to India. Such evidence is necessary because American law does not allow the issuance of a non-immigrant visa to people who may be presumed to be intending immigrants. Only those who can overcome this presumption - generally, those who can prove that they have substantial social, familial and economic ties to India and the financial resources for an expensive trip or course of studies abroad - are qualified to receive most categories of non-immigrant visa It is important to note that in these visa categories, the burden of proof is on the Applicant. It is unwise to specify the documents that should be submitted as each Applicant's circumstances vary greatly. Although suggested documents may assist in the interview, the Consular Officer relies primarily on the interview to determine eligibility for a visa. Caution: Only valid documents should be used. Fraud or misrepresentation can result in permanent ineligibility for a non-immigrant visa.

Student
Academic studies (F visa):

This applies to people seeking to study or conduct research at an accredited U.S. college or University. The following is an indication of the documents required.

All the documents required for any non-immigrant visa. An I-20 Form. A Certificate of Eligibility for Non-Immigrant Student Status, obtained from the U.S. College, School or University. Both pages of the new, bar coded SEVIS form. The form must be signed by the Applicant and a School Official. Mark sheets, Transcripts and Certificates from all previous institutions attended. Certificate of scores from U.S. standardized tests such as the TOEFL, SAT, GRE, GMAT (wherever applicable). Any financial documentation provided should be in support of this. This applies to all student visa applicants. They might include: Original Income Tax Returns for the past 3 years (specifically Form 16). Original Bank records for the past 3 years, and / or fixed deposit statement of Parent or Sponsor. If the Applicant receives a scholarship, it is noted on the I-20 and favourably considered by the Visa Officer. The US Consulate discourages Applicants from bringing property deeds or certified copies of financial documents. If the Applicant is financially supported by an Individual in the U.S, the notarized From I-134 (Affidavit of support) along with the Sponsors Income Tax Returns and Bank Statements for the past 3 years is recommended. Proof that funds are immediately available to cover the First Year's costs, evidence that funds for tuition fees will be available for all subsequent years. Any financial documentation provided should be in support of the above conditions. This applies to all Applicants.

Academic studies as an Exchange Visitor (J visa/ J-1 visa):

This is for participation in exchange visitor programs in the United States. The "J" visa is the primary visa for educational and cultural exchange programs. J-1 visas are for International Exchange visitors to the United States. These visitors may be Academics, Scientists, Businesspeople or Students visiting the U.S. under the sponsorship of, or funded by, Individual Universities, Private Companies, the U.S. Government, or their own Government. J-2 visas are for dependents of J-1 visas. The Organizations sponsoring an Exchange Visitor must be approved for program acceptance by the Department of State. The approval grants the Organization the authority to issue Form DS-2019 to prospective J-1 Applicants. The approval does not assure you of a visa, and does not imply U.S. government endorsement of the program or sponsor.

Applicants for Exchange Visitor (J-1) visas should include with their application:

All the documents required for any non-immigrant visa. All pages of the Form DS-2019 duly completed and signed (in original-no copies will be accepted). Transcripts and Diplomas from previous Institutions attended. Financial evidence proving the availability of sufficient funds to cover the tuition and living expenses during the period of Study. Any financial documentation provided should be in support of this. This applies to all student visa applicants. They might include: Original Income Tax Returns for the past 3 years (specifically Form 16). Original Bank records for the past 3 years, and / or fixed deposit statement of Parent or Sponsor. If the Applicant receives a scholarship, it is noted on the I-20 and favourably considered by the Visa Officer. The US Consulate discourages Applicants from bringing property deeds or certified copies of financial documents. If the Applicant is financially supported by an Individual in the U.S, the notarized From I-134 (Affidavit of support) along with the Sponsors Income Tax Returns and Bank Statements for the past 3 years is recommended. If the Exchange-Visit is being funded out of personal funds, original Bankbooks and the like are the clearest evidence of adequate funds. If the Applicant is being funded by an Organization (either in India or America), a Letter from that Organization explaining the nature of the funding will help to process the case on a speedy basis.

Non-Academic or Vocational Studies (M Visa):

This applies to students seeking to study or train at a non-academic institution in the U.S. The M visa can be issued to International Students who are going to the US to pursue a full-time course of study at an established Vocational School or other Non-Academic School that has been approved by the USCIS. Schools that may be approved for attendance by M-1 Students include: A Community College or Junior College that provides vocational or technical training and which awards recognised Associate Degrees, a Vocational High School, a School that provides Vocational or Non-Academic training other than language training.

Acquiring M-1 status and duration:

The procedures for obtaining M-1 status parallel those for the F-1 student visa. The M-1 student must have been admitted into an Authorised School, and the designated School Official (DSO) must have issued the I-20 in the US. Potential M-1 students will not be able to enrol in the School's programmes, if they were initially admitted in B-1 or B-2 status. Unlike the F-1 who is granted duration of status for his/her studies, a person who is admitted or changed to M-1 status is granted a 'date certain' for the period of study set forth on Form I-20MN (plus 30 days) or one year, which ever is less. The M-1 grace period is only half the time of the 60-day F-1 grade period. The M-1 student must be enrolled for a full course of study. For community or junior college M-1 students, this means 12 credit hours so long as that is deemed full-time by the institution. For post-secondary vocational students, this generally means at least 18 hours of classroom instruction per week or, if predominantly a shop or laboratory-based curriculum, at least 22 clock hours per week of instruction. An M-1 student who has been compelled to interrupt or reduce a course of study may be granted an extension of stay. However, the cumulative time of extensions that can be granted to an M-1 student is limited to a period of three years from the M-1's initial start date, plus 30 days. If the M-1 cannot complete his/her programme during this extended time, no further extensions will be granted. The areas generally covered under M-1 include commercial pilot training, fashion designing, gem and jewellery related training etc.

Visas to Attend Flight Training School in the US:

The procedures for obtaining an M visa to attend US flight schools have changed. All applicants for M visas for US flight training will be required to submit the following additional documents: Reason for the training; Current Employer and Applicant's position; Name of and relationship of the Sponsor paying for the training; Most recent flight certifications and ratings; Information on what kind of aircraft the training is for (Document must be signed by a school official in the US).

Extension of Stay, Transfers, Change of Status and Employment:

The M-1 and any M-2 Spouse or Children (below 21) must apply for an extension of stay annually with Form I-539, (filing fee USD 200) submitted to a USCIS service centre having jurisdiction over the school the M-1 Student was last authorised to attend. The application must be accompanied by an endorsement from the DS on the Student's SEVIS Form I-20 and the Student's and his/her Dependants' I-94 arrival/departure forms. One rather inflexible area of the regulations notes that transfers of schools are not permitted after the M-1 has been in status for 6 months unless the M-1 is not able to remain at the original school for reasons beyond the M-1's control. No change in educational objective (such as change in major or degree program) is allowed. An M-1 follows similar procedures as the F-1 with respect to transferring schools, except the M-1 must also submit form I-539, the new I-20 and I-94 to the appropriate USCIS service centre for approval. Although M visa holders may generally apply for a change of status, an M-1 is prohibited from changing to H status if the M-1's qualification for H status is based on credentials gained as an M-1. Also, an M-1 may not request a change of status to F-1 (although an M-2 can change to F-1 status). Non-immigrant students in the M-1 classification are not permitted to engage in any employment except for post-completion practical training. An M-1 may apply to the USCIS on Form I-765 (filing fee $180) no more than 90 days before graduation for practical training in a proposed position that is related to the course of study. The DSO must endorse the M-1's SEVIS I-20MN and certify that it is his/her information and belief that the comparable employment is unavailable in the Student's country of foreign residence The application must demonstrate that the training can be completed within the time that may be allowed. The M-1 may be granted one month of training for every four months of study, not to exceed six months in total. An employment authorisation document (EAD) will be issued if the training is approved.

Mandatory Documents for M-1 visa:

Photocopies of the first page, address page and last page of the current passport. One passport-size photograph (see specifications above). Original DS-156, Non-Immigrant visa application form. Original DS-157, Supplemental Non-Immigrant visa application form. Original Form DS-158. Original, valid HDFC bank visa fee receipt. Copy of Form I-20, approved and signed by the university authority. Proof of payment of SEVIS fee receipt I-901, if applicable.

Supporting Documents for M-1 visa:

The Original passport. Letter of appointment for the Interview. SEVIS generated Form I-20 in original, approved and signed by the University authority. Proof of payment of SEVIS fee receipt I-901, if applicable. Original Degree Certificates along with Mark Sheets. Original Bachelor Degree Transcripts or High School Diploma along with Mark Sheets from previous Institutions attended. Evidence of Financial Resources. Proof of liquid assets sufficient to pay for the entire first year of Education and living expenses as well as proof of readily available funds to cover the remaining year(s) of studies. Any financial documentation provided should be in support of this. This applies to all student visa applicants. They might include: Original Income Tax Returns for the past 3 years (specifically Form 16). Original Bank records for the past 3 years, and / or fixed deposit statement of Parent or Sponsor. If the Applicant receives a scholarship, it is noted on the I-20 and favorably considered by the Visa Officer. The US Consulate discourages Applicants from bringing property deeds or certified copies of financial documents. If the Applicant is financially supported by an Individual in the U.S, the notarized From I-134 (Affidavit of support) along with the Sponsors Income Tax Returns and Bank Statements for the past 3 years is recommended.

Note: For the US Consulate in Mumbai, all the documents listed above as 'Mandatory documents' should be submitted at least 5 days before the Interview. The rest of the documents can be carried for the Interview.

Temporary Work Visa
Temporary Work Visas H1-B, L-1: There are several categories of temporary worker visas some of which are listed below.

All applicants for such visas must have a petition approved by the Bureau of Citizenship and Immigration Service (BCIS) before applying for the visa. Petitions cannot be filed with the Embassy; they must be filed in the U.S.

Categories of Work Visas:

H-1B: Persons in a Specialty Occupation. H-2B: Temporary or Seasonal Non-agricultural Workers. H-3: Trainees other than Medical or Academic. It also applies to Practical Training in the education of Handicapped Children. H-4: Dependants of H visa Holders. L-1: Intra-Company Transferees. L-2: Dependants of L-1 visa Holders. O-1/ O-2: Visas for Persons of Extraordinary Ability. P-3: Artists or Entertainers in a Culturally Unique Program.

Requirements for a H-1B or L-1 visa are:

All the documents required for any non-immigrant visa. Notice of Approval I-797 (in original). The complete petition submitted by the prospective Employer including the Labor Condition Application (LCA - not applicable to L-1 applicants) and the I-129. The originals of University Diplomas, Mark Sheets and any other relevant Certificates. (Secondary School Information is not required). Letters of Work Experience from your previous Employers. One set of photocopy of all the above documents. A Letter from the Petitioning Employer confirming the Employer's intent to hire the Applicant. L visa Applicants must provide a Letter from their Employer stating the length of association with the Company. Pay stubs from the current or most recent place of Employment. First time Applicants are also requested to bring the following items: Names and current phone numbers of the Personnel Managers at the Applicant's present and past Jobs. Photographs of the inside and outside of the current or the most recent Employer's place of business. Names and contact information of two co-workers from the current or most recent place of Employment. Names and contact information of two co-workers from past Jobs. A complete resume and Cover Letter describing current job duties in detail. Personal bank records for the last six months. Information of the company in the US: Photographs of the inside and outside of the Company's Offices, prospectus, brochures, and Annual Report. The Embassy will not accept documents received directly from the company by mail or fax. All documents should be brought by the applicant to the interview. The Embassy will not make this information available to anyone and will destroy the documents after review. An H-1B visa holder, after changing H-1B Employers in accordance with Department of Homeland Security (DHS) procedures for making such a change, may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797A, Notice of Action evidencing the approval of the change of Employer in addition to the visa.

Dependent Visas: H-4, L-2 Applicants for the related dependent visas, H-4 and L-2 visas, should submit:

All the required documents for any Non-Immigrant visa. The Marriage Registration Certificate and the original Birth Certificate for each Child. Wedding Invitation and Wedding Ceremony photos. All 36 pages of the Principal Applicant's passport (if not applying with the Principal Applicant). A Letter from the Spouse's Employer confirming continued Employment. Copy of the Principal Applicant's I797, I129 and LCA. Copy of the Principal Applicant's Work Experience Letters. Copy of the Principal Applicant's Letter of Offer from the US Company. Pay stubs from Principal Applicant's current place of Work and Income Tax Return. The Embassy will not accept documents received directly from the Company by mail or fax. All documents should be brought by the Applicant to the interview. The Embassy will not make this information available to anyone and will destroy the documents after review.

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