USA Work & Live Visa

  • EB-4 Religious Worker

    Description

    The purpose of this classification is to allow ministers and certain religious workers to immigrate permanently to the United States.

    Please Note :No Dependents allowed on these visas (but they may qualify for B-2 visas ontheir own)

    Requirements

    • For at least 2 years immediately preceding the filing of the petition, the person ―has been a member of a religious denomination having a bona fide, nonprofit, religious organization in the United States,‖ and
    • The person seeks to enter the US:
      • To work full time (35 hours) in a compensated position,
      • Solely to carry on his or her vocation as a minister (or if before Oct. 1, 2012 seeks to work in a professional or nonprofessional capacity in a religious vocation or occupation), or
      • To work for a bona fide, nonprofit religious organization in the US or its affiliate in the US; and
      • The person has been working as a minister or in a religious vocation or occupation, either abroad or in lawful status in the US for at least the 2-year period immediately preceding the filing of the petition.
      • Petitioning Religious Organization in the US—Defined as an IRC -501(c)(3) religious organization or one that is part of a group that has received a -501(c)(3)designation.
      • Religious Denomination—A religious group or community of believers that is governed or administered under a common type of ecclesiastical government and includes one or more of the following:
        1) a common creed or statement of faith;
        2) a common form of worship;
        3) a common formal code of doctrine and discipline;
        4) common religious services and ceremonies;
        5) common established places of religious worship; or (vii) comparable indicia.

    Procedure

    • I-360 filed with USCIS service centre.
    • Adjustment of Status may be filed concurrently if individual is living in US.
    • If outside US, after I-140 is approved, application processing is initiated with the National Visa Centre. File is then transferred to the US consulate in home country for interview.

    Duration and Limitations

    Permanent residence continues indefinitely, as long as residence in USA is maintained.

    Please contact our highly expert immigration consultants for more information.

  • L-1A Intra-company Transferee Executive or Manager

    Description

    The L-1A non-immigrant classification enables a US employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated US office to send an executive or manager to the United States with the purpose of establishing one.

    Requirements

    • The US Company must have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate).
    • Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
    • The employee must be seeking to enter the United States to render services in an executive or managerial capacity to a branch of the same employer or one of its qualifying organizations.

    New Offices

    A new office is defined as an organization which has been doing business in the US. The definition requires the new office to be doing business‖; therefore, the mere presence of an agent or office is not enough to satisfy the new office requirement. In order to qualify for an L-1 where a new office is involved, the US employer must submit evidence.

    Procedure

    • Particular form should be filed with USCIS Service Centre
    • Upon approval, if candidate is out of US, he/she must obtain visa stamp at US consulate in home country.

    Duration and Limitations

    • Approval for up to 3 years (for new companies—only 1 year)
    • May stay in US in L-1A status for maximum of 7 years.

    Dependents

    • Dependents including spouses and children under 21 allowed on these visas.
    • Spouses may apply for work authorization.
    • Dependents may study.

    Please contact our highly experienced immigration consultants for more information.

  • L-1B Intra-Company Transferee Specialized Knowledge

    Description

    The L-1B non immigrant classification enables a US employer to transfer an worker with specialized knowledge from one of its affiliated foreign offices to one of its offices in the United States.

    Requirements

    • The US Company must have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate).
    • Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
    • Be seeking to enter the United States to render services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations. Specialized knowledge means:
      • Special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or expertise in the organization’s processes and procedures.
      • Such knowledge is beyond the ordinary and not commonplace within the industry or the petitioning organization. In other words, the employee must be more than simply skilled or familiar with the employer’s interests.

    Procedure

    • I-129 is filed with USCIS Service Centre.
    • Upon approval, if candidate is out of US, he/she must obtain visa stamp at US consulate in home country.

    Duration and Limitations

    • Approval for up to 3 years (for new companies only 1 year).
    • May stay in US in L-1B status for maximum of 5 years.

    Dependents

    • Dependents including spouses and children under 21 allowed on these visas.
    • Dependents many NOT work, but may study.

    Please contact our highly expert immigration consultants for more information.

  • R-1 Religious Worker Visa

    Description

    An R-1 is a foreign national who is coming to the United States temporarily to be employed at least part-time (average of at least 20 hours per week) by a non-profit religious organization in the United States (or an organization which is affiliated with the religious denomination in the United States) to work as a minister or in a religious vocation or occupation.

    Requirements

    To qualify as an R-1 non-immigrant religious worker, the alien must be coming to the US to temporarily work as:

    • A minister of religion; or
    • A person working in a professional capacity in a religious vocation or occupation ; or
    • A person working for a religious organization (or an affiliate) in a religious vocation or occupation.
      • A minister of religion; or
      • Must have been a member of a religious denomination which has IRS non profit religious status in the United States for at least two years immediately preceding the application date. Membership is sufficient, prior employment is not required.
      • Must be coming to the US to temporarily work for a bona fide nonprofit religious organization.

    On-Site Inspections. USCIS with its FDNS (Fraud Detection and National Security) unit reserves the right to verify ―though any means determined appropriate‖ the supporting evidence submitted with the I-129 including on-site inspections which may include interviews with organization officials and review of the organization’s records.

    Procedure

    • A particular form should be filed with USCIS Service Center.
    • Upon approval, if candidate is out of US, he/she must obtain visa stamp at US consulate in home country.

    Duration and Limitations

    • Approval for up to 3 years (for new companies—only 1 year)
    • May stay in US in L-1A status for maximum of 7 years.

    Dependents

    • An R-1 status may be granted for an initial period of admission for up to 30 months.
    • An extension of an R-1 status may be granted for up to an additional 30 months.
    • The total stay in the United States in an R-1 status cannot exceed 60 months (5 years).

    Notes

    First-time petitions taking a long time because of on-site inspections – can take up to 1 year.

    Please contact our highly experienced immigration consultants for more information.

  • Skilled nominated visa (Subclass 489)

    This points-based visa is for skilled workers who are not sponsored by an employer, ,however they should be sponsored by a family member. With this visa, you can live and work permanently anywhere in Australia and eligible family members can be included in your application. This is a permanent visa and allows visa-holders to remain in Australia indefinitely with full work rights.

    If you apply to migrate to Australia under the Skilled–Independent category or the Skilled–Sponsored category, you will be assessed against a points test.

    Points are awarded for:
    • Age
    • English language ability
    • Australian work experience
    • Overseas work experience
    • Recognized qualifications
    • Designated Language
    • Partner Skills
    • State or Territory nomination
    • Designated Area Sponsorship (sponsored by an Australian relative living in a designated area - only available to provisional visa applicants)
    • Regional Study

    This visa is for points-tested skilled workers who are not sponsored by an employer or family member or nominated by a state or territory government.

    It allows you to live and work in Australia as a permanent resident along with your family members (you, your spouse and children).

    Requirements

    You must score sufficient points to reach the eligibility score:

    The current pass marks are:

      Category   Current Pass Mark
      1. Skilled-Independent (subclass 189)   60

    Please see below for point allocation:

    Age :

      Age at time of invitation   Points
      1. 18-24   25 points
      2. 25-32   30 points
      3. 33-39   25 Points
      4. 40-44   15 Points
      5. 45-49   0 Points

    English Language at time of invitation

      1. Competent English - IELTS 6 or below   0 Points
      2. roficient English - IELTS 7   10 Points
      3. Superior English - IELTS 8   20 Points

    Work Experience

    Australian work experience in nominated occupation or a closely related occupation (Please see the SOL) at time of invitation

      1. No Australian work experience   0 Points
      2.One year Australian   05 Points
      3.Three years Australian   10 Points
      4. Five years Australian   15 Points
      5. Eight years Australian   20 Points

    Overseas work experience in nominated occupation or a closely related occupation (Please see the SOL) at time of invitation

      1. No recognized qualification   0 Points
      2.Offshore recognised apprenticeship
    AQFIII/IV completed in Australia
    Diploma completed in Australia
      10 Points
      3. Bachelor degree
    (including a Bachelor degree
    with Honours or Masters)
      15 Points
      4. PhD   20 Points

    Educational Qualifications at time of invitation

      1. No recognized qualification   0 Points
      2. One or more degrees, diplomas or trade
    qualifications, awarded by an Australian
    educational institution and meet
    Australian Study Requirement
      5 Points
      3. Community language qualifications   5 Points
      4. Partner skills   5 Points
      5. Professional Year   5 Points

    Sponsorship by state or territory

      1. Sponsored by Government   05 Points
      2. Sponsorship by family or state or
    territory government to regional Australia
      10 Points
      3. Study in a regional area   Study in a regional area 05 Points

    This point's chart should be used only as a guide. This Chart gives you an indication of whether you will be eligible for migration under the Skilled Migration Program; it does not guarantee that you will succeed in an application for migration to Australia. There are other criteria and an applicant must meet as well as the points test. Visas Wizard does not guarantee that you will eligible for any visa under the General Skilled Categories if you achieve the current pass mark by using this point test chart

    Please contact with our fully experienced immigration consultants for more detail.

  • Temporary work visa (Subclass 457)

    Temporary Business visa subclass 457 (Long Stay) is a temporary work visa that allows employers to sponsor overseas workers to fill nominated skilled positions in Australia. 457 visa is the most common pathway of business sponsorship for overseas workers. This is commonly known as work permit visa.

    In 457 Visa, applicants must have an employer willing to sponsor them as part of the visa application process. Employers must meet specific sponsorship and nomination criteria before the prospective employee can apply for a 457 visa.

    Subclass 457 visa is valid for up to four (4) years and work experience gained in Australia. On this visa may lead to permanent residence either through sponsorship by an eligible employer or the skilled migration program.

    Basic Requirements

    To qualify for a 457 visa, applicants must have an employer who is willing to sponsor them. There are three steps in the visa application process:

    I. Sponsorship

    Employers must seek and obtain approval to sponsor and recruit overseas workers. Once sponsorship status is approved, it is valid for 3 years and allows the business to nominate as many positions as required during that period.

    II. Nomination

    Employers must nominate each of the positions they wish to fill with an overseas worker. The nomination must relate to an occupation which meets a minimum skills threshold covering managerial, professional, associate professional and trade occupations. The nominated position must also be paid a minimum salary level as specified in a Gazette Notice and satisfy other basic requirements such as evidence of equivalent terms and conditions of employment. Applicant needs to have IELTS 5 in each band, relevant qualification and also relevant work experience.

    III. Visa Application

    The overseas workers identified to fill the vacancy must apply for a subclass 457 visa to enter and remain in Australia. The applicant must demonstrate that they have skills to match the nominated position and must be offered employment at not less than the salary indicated in the nomination application.

    The applicant is also required to satisfy certain health and character requirements to meet the 457 visa criteria.

    Entitlements

    The 457 visa is a temporary visa valid for up to four (4) years and permits the holder to live and work in Australia with the sponsoring employer.

    Immediate family members (such as a partner and dependent children) can be included in the application are also entitled to live and work on this visa type. Although the main applicant is restricted to working with the sponsoring employer in the nominated position, other family members are free to undertake any type of employment. Dependent children are also able to attend school.

  • Australian Work and Holiday Visas –Subclass 462

    The Employer Nomination Scheme (ENS) allows Australian employers to sponsor employees who are foreign nationals for a permanent visa to work in Australia.

    This visa is for Australian Employers who want to sponsor highly skilled workers for a permanent visa to work in their business. The employees need to be either:

    • Highly skilled workers from overseas
    • Highly skilled temporary residents currently in Australia.

    If you are currently living or working in Australia on a qualifying visa, you can apply for the ENS (subclass 856) visa. If you do not hold a qualifying visa, you may still be eligible to apply in Australia for ENS if you last held a qualifying visa no more than 28 days prior to lodging an application.

    The ENS (subclass 121) visa is for applicants who are outside Australia.

    This visa will allow you and any dependent family members included in your visa application to live as permanent residents in Australia.

    Australian permanent residents can:
    • Work & Live in Australia on a permanent basis
    • Study in Australia at school or university
    • Receive subsidized healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS)
    • Access certain social security payments (subject to waiting periods)
    • Be eligible for Australian citizenship (subject to the residency eligibility criteria)
    • Sponsor people for permanent residence.
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