Coming to the United States
Gloria Roa Bodin |
Immigration attorney and VOA favorite Gloria Roa Bodin returned to T2A to answer questions about how to come to the United States.
Gloria has been helping immigrants in Miami, Florida for nearly 30 years. Her area of expertise includes visas for those she describes as extraordinary ability individuals, especially professionals with advanced degrees and internationally acclaimed artists.
Erin: Welcome to T2A chat for March 12th. Joining us to help navigate the U.S. immigration system is U.S. immigration attorney Gloria Roa Bodin. She has been helping immigrants in Miami, Florida for nearly 30 years. Gloria’s area of expertise includes visas for those she describes as extraordinary ability individuals, especially professionals with advanced degrees and internationally acclaimed artists. Let’s get started with a question from Ethiopia.
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Kemal, Ethiopia (email): Where can I learn more about the U.S. immigration system and its procedures?
Erin: A good place to start on the web and then of course Gloria's website:
Gloria: Don't forget the State Department site:
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ibrahima: Hi, I'm Ibrahima Diop from Senegal. What kind of questions do we ask at the US embassy if we want to apply for a visa? I only have a high school diploma, but I am a French speaker. I also speak English. Can I apply for a visa as an unskilled worker?
Gloria: Initially the alien or the foreign national can only apply for a tourist visa, B-1, B-2 He or she must provide proof of living in the home country, such as job letter, bank account, real estate ownership. If it looks like the alien is abandoning the home country, no visa will be issued. If the alien has an approved employment visa, then the alien can request it at the Embassy.
Subhash: What is the difference between B-1 and B-2?
Gloria: A B-1 is a tourist for business. It is someone entering to be a consultant for a seminar, for any business matter where he/she is not receiving a salary in the U.S. A B-2 is a tourist for pleasure. You're entering the U.S. to go to Disneyworld, visiting friends or relatives, things like that. The country's State Department website has the requirements for these visas.
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Alex in Russia: If I have a Canadian visa, am I able to go to the USA without having an American visa and what's an I-94 form for?
Gloria: Canadians can enter the U.S. as tourists. Unlike individuals from other countries, they do not need a tourist visa stamped in the passport. They do directly to the border and enter with their Canadian citizenship certificate. An I-94 form is an arrival and departure document, completed at the border regardless of form of travel, which states arrival and departure dates. For example, most tourists are granted 6 months. Enter January 1, 2008 and you must leave June 30, 2008. Canadians do not receive I-94 forms. They do not need them.
Subhash: But this questioner says he has a Canadian visa, so he cannot enter the U.S., right?
Gloria: No, because that visa only covers Canadian immigration, it has nothing to do with U.S. immigration.
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K.Gopi, India (email): Is there any necessity to know the English language in order to come to the United States?
Gloria: It is not necessary to know the English language in order to come to the U.S. temporarily. But if you have an approved employment visa and you seek to enter to work in the U.S., the American Consul in the home country may deny the visa because you do not speak English.
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Ruthy (email): 1) I’ve been on a family member waiting list in China since 2000. How many such applications are processed each month and how long should I expect to wait? 2) While I wait, can I apply for a temporary student visa?
Gloria: There is a waiting list for certain family members to enter the U.S. It all depends on your priority date. Priority date is the date the immigrant visa was filed. The waiting period also depends on the family member that petitioned for you. For example, a U.S. citizen petitioning for an unmarried son or daughter, first preference, the category is backed to February 15, 2002. So if your parents filed on February 14, 2005, you have to wait until the category reaches that date, which could take years. You must check every month the visa bulletin. It's called U.S. Department of State Visa Bulletin. The website is: www.travel.state.gov
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Ibrahima: Does an applicant need to be a skilled worker?
Gloria: The applicant needs to qualify under an employment-based category. It could be skilled, unskilled or professional. It is important to look at your occupation and the job offer, because most skilled and unskilled workers have about a five-year wait to enter the U.S.
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Ashok, India (email): Are there exceptions for medical school graduate applicants?
Gloria: A medical school graduate who wants to enter to work in a disadvantaged area may have a special preference. They should look on the internet or Google 'medical work in a disadvantaged in the U.S.' and they will be referred to an agency that handles this.
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Foqrul, Bangladesh (email): Many people in my country think it's really difficult to get into the U.S. Many eligible Bangla students cannot get visas. Is there an easier way to go to the U.S.?
Gloria: It is not easy to enter the U.S. because the American Embassy is always worried that individuals, especially young people, will enter the U.S. and not leave. Therefore, it is not very easy to enter to visit the U.S. unless you have a family member or friend with a tax return who can vouch for you. And even then the decision is discretionary.
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N.Sundara Rajan, India (email): Talk about one of your most significant immigration cases, as a way to help me better understand your work.
Gloria: I have an attorney from India who received a job offer and was able to enter the U.S. as a legal consultant on an H-1B visa. Her husband received the H-4 visa. They recently filed for the green card and are waiting for the visa quota, because India, like China, is very behind. That person from India comes under the EB-2 category and right now it is not available, so there is no visa now or in the future, unavailable. In general, our firm represents individuals with job offers or family members of U.S. citizens and green card holders. We also do seasonal, agricultural and temporary workers for hotels and restaurants. Right now we are going to discuss with agricultural growers of oranges, etc. whether they want to bring in temporary workers -- and we may look to India or South America or Bangladesh to see if anyone wants to enter on a H-2A or an H-2B visa, to work temporarily in the U.S. They enter for a year or less and then must depart. There are also other visas such as the J-1 visitor exchange visa, which requires a job offer to work for 18 months in the U.S.
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Subhash: If a U.S. citizen files a petition for a brother or sister, and during the long waiting period that brother or sister dies, can that petition be transferred to some other relative such as the spouse of that person?
Gloria: A U.S. citizen filing for a brother or sister comes under family-based preference 4. The U.S. citizen is called the petitioner and the sibling is the beneficiary. If the U.S. citizen petitioner dies, the petition dies with him. And it cannot be transferred to another relative. If the beneficiary dies, it cannot be transferred.
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Alex in Russia: If I go to the U.S. with a job offer, can the action of the job offer be continued? If yes, how long?
Gloria: I need more information about your application. Is it for an H-1? What is the type of approval you have is it employment-based?
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Sajjad Ahmed Ansari, Pakistan: Why me? All of my other family members have been issued family based F-4 immigrant visas without delay. My case has been pending for two years. Many others I know in my town also got cleared shortly after their interviews. Am I being discriminated against?
Gloria: You could be being held up because of your age and the need for a stringent security clearance. I have the same situation right now with a client of my office from Pakistan. We can help write a letter for you if you like. Email me here: gloriaroabodin@gloriaroabodin.com
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Alex in Russia: Do you know when Russia will be able to take part in the Green Card Lottery?
Gloria: The diversity program opens and closes each year. You need to check for more information. It should open again in October.
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Subhash: Should one report immediately to the U.S. Immigration Department about the death of a petitioner's brother or sister? If not, can one get back the feed paid for the petition?
Gloria: Report immediately the death of the beneficiary, the brother or sister. The government never returns fees.
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Erin: A frequent question is how does one qualify for U.S. immigration. But just as important is the question of under what conditions are applicants denied permission to immigrate?
Gloria: Denials can be for numerous reasons because it is discretionary. If the examiner woke up in the morning in a bad mood, he may deny your visa. If the examiner has a child with your child's same name, he may accept your visa. These are dramatic examples, but they illustrate that there is no rhyme or reason for this.
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Erin: We have several questions about the H-1B visa: First, what is it?
Gloria: The H-1B is a non-immigrant visa for professionals or individuals with at least 12 years of progressive managerial experience. (Every 3 years of experience equals one year of university). The foreign national needs a job offer in a specialty occupation such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts. It is granted initially for 3 years and then can be extended for another 3 years.
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Erin: What is the annual limit on them and how does one apply for one?
Gloria: There is an annual cap on H-1B admissions of 65,000 workers per fiscal year. H-1B status requires a sponsoring U.S. employer. The employer must file a labor condition application (LCA) with the Department of Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file the certified LCA with a Form I-129H petition plus accompanying fee of $320. Based on the USCIS petition approval, the alien may apply for the H-1B visa, admission, or a change of nonimmigrant status.
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Erin: Where can an H-1B visa holder work and must the holder be working at all times -- and how does a holder change jobs while on an H-1B?
Gloria: According to the USCIS, 'H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. H-1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer.'[4] The first basic rule to note is that an H-1B is employer specific. In other words, it is only valid for the petitioning employer and only entitles the recipient to work for the employer approved by USCIS. That means that each time a worker moves to a new employer, a new H-1B approval is required. It is possible to apply for a change of status to switch employers from the US without having to leave and get a new visa stamp, however. But it is important to remember that the process involved will be pretty similar to getting an H-1B visa from scratch. At one time, it was thought that changing H-1B employers meant that a new visa stamp would be needed the next time someone leaves and reenters after a change of status in the US. USCIS and the State Department now make it clear that as long as the visa remains unexpired the applicant remains in H-1B classification. Note that someone who changed from another visa to H-1B status in the US (such as from F-1 to H-1B) and never has had a visa stamp will still need to get an H-1B visa stamped at a consulate.
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Erin: How long does H-1B status last and what if the holder’s circumstances change -- and are there rules on what type of job an H-1B visa holder must have?
Gloria: As mentioned under current law, an alien can be in H-1B status for a maximum period of six years at a time. After this time, an alien must remain outside the United States for one year before another H-1B petition can be approved. Certain aliens working on Defense Department projects may remain in H-1B status for 10 years. Additionally, certain aliens may extend their status beyond the 6-year period in one-year increments if: H-1B can be extended pass the 6 years if labor certification is pending for more than one year or I-140 is approved. To hire a foreign worker on an H-1B the job must be a professional position that requires, at a minimum, a bachelor's degree in the field of specialization. The occupation for which the H-1B classification is sought must also normally require a bachelor's degree as a minimum for entry into the occupation.
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Erin: Can an H-1B visa holder immigrate permanently to the U.S. -- and can an H-1B visa holder travel outside the U.S.?
Gloria: An H1B visa holder can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident (Green Card) status without affecting their H1B status. This is known as 'dual intent' and has been recognized in the immigration law since passage of the Immigration Act of 1990. An H1B visa allows the holder to reenter the USA during the validity period of the visa and approved petition, however, H-1B must be stamped in passport.
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Erin: Questions about the student visa: Who needs one?
Gloria: The F-1 visa is the most common type of student visa in the United States. The Immigration and Nationality Act provides two nonimmigrant visa categories for persons wishing to study in the United States. The F-1 visa is a category of student visa, given by U.S. Citizenship and Immigration Services (USCIS). The 'F' visa is reserved for non-immigrants wishing to pursue academic studies and/or language training programs. F1 visa is given only through 'academic' institutions. Vocational education is not included in F1 visa. For vocational education, an M visa should be obtained. F-1 students must not work in US without prior authorization from Citizenship & Immigration Services. Only when students are in financial crisis may CIS approve F-1 students to work. However, students are permitted a total of 12 months towards practical training, which can be distributed between Curricular Practical Training (CPT) and Optional Practical Training (OPT). The student's academic and foreign student advisor must certify that the work is necessary towards the completion of his or her degree. An individual on F-1 visa is exempt from paying Social Security and Medicare (FICA) taxes on their wages, but likewise may not receive benefits from those social programs. F-2 (dependent) visas are given to families of an F-1 student. F-2 visa-holders are prohibited from any form of compensated employment. However, minor children may attend public schools.
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Erin: What’s required to apply for the F-1?
Gloria: · Completed Application Form DS-156, DS- 157, DS -158, DSP- 2019 (IAP 166) · Passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States · one colored photograph 1 and 1/2 inches square (37 x 37mm) for each applicant, showing a full face, without head covering, against a light background. · for F visa applicants, a completed Form I-20A-B (Certificate of Eligibility for Nonimmigrant Student Status for Academic and Language Students) from the institution where the applicant will be attending. M visa applicants, a completed Form I-20M-N, (Certificate of Eligibility for · Nonimmigrant Student Status for Vocational Students), from the institution the applicant will be attending. · Original TOEFL scores and SAT, GRE, GMAT scores. (As applicable) Students going to the United States to earn a Bachelor's degree should bring their most recent mark sheets or graduation certificates. · Students going the United States to earn a Ph.D. degree should bring their original undergraduate degree and mark sheets/Transcripts. · Spouses and minor children accompanying the student to the United States should bring marriage certificates, wedding photos, and birth certificates with them to the interview, to prove the relationship between themselves and the principal applicant. · Demand drafts for the applicable fees.
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Ibrahima: On your website, can we find tips about writing letters to apply for visas?
Gloria: Not really, but you can send me an email and I'll send you a sample letter. Here's my email address.
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Erin: What is Optional Practical Training?
Gloria: Optional Practical Training (OPT) is a period during which undergraduate and graduate students who have completed or have been pursuing their degrees for more than 9 months are permitted by the United States Citizenship and Immigration Services (USCIS) to work for at most one year on a student visa without needing to acquire a work H-1B visa towards getting a practical training to complement their field of studies. Students are permitted total of 12 months towards practical training, on being certified by the advisor of the usefulness of the work towards goals of the degree, which can be distributed between Curricular Practical Training (CPT) and OPT. While CPT must be completed prior to submission of thesis, OPT is permitted only after submission of thesis and completing all course requirements for the degree sought. OPT permit card can be obtained from INS before completion of degree program through university's International Students Office or equivalent upon filing of relevant form, payment of fee, and sending copies of I-20, passport, visa and other required documentation. Process can take up to 4 months to complete. No Social Security or Medicare taxes, except federal and state income taxes, are applicable on income earned during OPT.
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Erin: Questions about Visa Numbers: What is an Immigrant Visa Number? Who is eligible to immigrate to the U.S.?
Gloria: U.S. law limits the number of immigrant visa numbers that are available every year, which is one of the reasons for the preference system mentioned above. As a result, you may not get an immigrant visa number immediately after your immigrant visa petition is approved. In some cases, several years could pass between the time USCIS approves your immigrant visa petition and the State Department gives you an immigrant visa number. Because U.S. law also limits the number of immigrant visas available by country, you may have to wait longer if you come from a country with a high demand for U.S. immigrant visas such as the Philippines and Mexico. You do not directly apply for an immigrant visa number. USCIS will tell the person who filed the immigrant visa petition (the petitioner) if it is approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify you (the beneficiary of the application) when the visa petition is received and again when an immigrant visa number is available, Relatives of U.S. citizen and lawful permanent resident. Employees of a U.S. employer. See visa bulletin.
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Erin: How does one apply for an IVN?
Gloria: You do not directly apply for an immigrant visa number. In most cases, your relative or employer sends a visa petition to the USCIS for you (the beneficiary) to become an immigrant. (Certain applicants such as priority workers, investors, certain special immigrants, and diversity immigrants can petition on their own behalf.) USCIS will tell the person who filed the visa petition (the petitioner) if the visa petition is approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify you (the beneficiary of the application) when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation that may affect your eligibility for an immigrant visa. You may contact the National Visa Center by writing to: The National Visa Center; 32 Rochester Avenue, Portsmouth, New Hampshire 03801-2909. You need to know that seasonal agricultural workers, and restaurant and hotel workers are needed in the U.S. on a temporary basis. Check for more information.
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Gloria: One more thing, my answers here are general because they need to be but email me or go to my website for details.
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Erin: That wraps today’s chat with U.S. immigration expert Gloria Roa Bodin; our thanks to Gloria and to you for joining us. We hope you can come back for two terrific chats. Wednesday, March 19th at 1800 UTC we’ll learn about a new study of Muslim populations worldwide that indicates little is known about what majorities of this community really think and feel. We’ll speak with co-author John Esposito who is a leading expert on the Muslim world. That’s Wednesday, March 19th at 1800 UTC on voanews.com Join our Special Edition chat Thursday, March 20th at 1900 UTC, when we meet leading international economist Jeffrey Sachs. He is calling for new strategies to fight the environmental degradation, rapid population growth, and extreme poverty that he says threatens global prosperity. That’s Thursday, March 20th at 1900 UTC on voanews.com See you then!
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