The business visa can be a fantastic tool for business owners that are looking to hire foreign workers. If you are a business owner that hires workers with business visas, then it is your responsibility to understand how the process works. Here are a few things to understand about the whole process:

• The meaning of dependents. Chances are, your employees will have dependents that will want to work or study in the host country. It’s usually a fairly straightforward process to make all the necessary arrangements, or to explain the restrictions that prevent them from doing so. It’s important to remember that no matter what the outcome is, dependents can be as important to the applicant as his or her own visa. The entire visa process can end up changing as a result of when the dependents apply for their visa. It’s also important to remember that while legal or just accepted in some countries, polygamous marriages and homosexual marriages are not always allowed in the host country. Also, different countries will have different ages at which children are no longer dependents. All of those issues will need to be taken into account.
• Localized staff can bring benefits to you. Many people currently on expatriate benefits find them hard to give up, but companies can make big savings if they localize all their expatriates as quickly as possible. If someone elects to stay in their host country, then residency and citizenship should be arranged as quickly as possible. This will of course end their expatriate status and localize the employee.
• Never hesitate to ask questions. No matter the country, immigration law tends to be among the most complex legislation. If you ever have questions, seek out a trained and experienced immigration attorney right away.

One of the most common types of visas sought is a business visa. As with all different types of immigration, though, the process can be extremely complicated and nerve-wracking. Optimally, you want to ensure that there are no mistakes in the entire process, so as to keep everything running as smoothly as possible. This can be especially true if you are a business owner with employees that have business visas.

Here are some tips to help you out through the entire process:

• Protect your name. Governments all across the world are always looking to show that when it comes to enforcing immigration law, they are forces to be reckoned with. Do whatever you can to avoid letting your company become one of the 6-o’clock-news examples. Keep on top of all immigration concerns, to ensure that your staff is always compliant with all immigration laws at all times in all countries. Any immigration audit that comes back with negative issues can adversely affect your business’ reputation, and should always be avoided. If you do happen to make a mistake, do your utmost to fix the issue, and that will work out to your favor greatly.
• Make sure your immigration consultant is reputable. Not all immigration consultancies are created equal, so make sure that yours is up to the job. Do they have registered offices? Are their staff experienced and, most critically, are they experienced and qualified to address all immigration issues for the specific country you require? In many places around the world, local immigration advisors operation with no control or supervision. Their limited knowledge and resources can cause more problems than they solve, so avoid them if you at all can. You should aim to secure the services of a firm that not only is able to assist with pre-departure things, but also has offices in the host country.

If you perform these steps, along with the other tips that have been outlined in previous entries, you should have as smooth a process as possible, and should have business visas for your employees in no time.

Obtaining a business visa can be a rather confusing process, and there can sometimes only be one shot at it, so here are some tips to help you efficiently secure your work visa:

Patience is absolutely vital in the visa process

We all know at least one person who thinks that the rules don’t apply to them.  However, immigration laws apply to everyone equally, and the process will almost always take the same amount of time. In some very exceptional cases, getting a visa on the fast track is possible, but in most cases the visa process must run its set course. Make sure that you plan well ahead, allowing plenty of time for the visa to be granted before it will be needed.

Don’t buy a plane ticket until the visa has already been issued

This may sound like obvious advice, but even the most straightforward cases can be delayed.  Many clients will book a flight thinking their visa will be issued in ample time, since someone they know had everything work out smoothly. Unfortunately, this person could have a passport expiring within six months, for example, and this would prevent a visa from being granted promptly. The visa, which would have taken 24 hours to secure, now could take six weeks, thanks to renewing a passport.

Visa restrictions last longer than you think

Each visa comes with rules and conditions that must be strictly adhered to, even after the employee has arrived in their host country. Their company must continue to track and manage their visa status, and any changes to their role, employment, or their stay being extended beyond their original visa expiration date must be reported to the relevant authorities. A visa ceases to be an issue only after the employee has returned back to their home country.

Be prepared for others to make mistakes

It is fairly common for a government employee to misread a form, causing them to reject a perfectly acceptable case, or to forget to sign a box.  Whatever you do, don’t panic! Immigration decisions made in error are not uncommon, and there are many procedures in place to correct them.  The main thing is that you want to pay a close eye to your entire application procedure, so that if some manager does make a mistake, it is caught and fixed quickly.

Always keep it simple

Your business could be rocket science, or even dealing with complex brain surgery, but that should not arbitrarily make securing your work permit more difficult at all. Immigration laws are all the same, regardless of what your company does.  While certain details like that are critical to the company, the law is completely blind to them.  When dealing with visas, keep it simple, focus only on the specific laws outlined, and only the exact information they’re asking for.  Ensure that you are only answering the specific questions asked, and only as they pertain to immigration law.  Offering any extraneous explanations, such as how complex your business is, will only confuse the officer charged with dealing with the case.  Stay focused on the rules.

Hopefully with these tips, you can find yourself passing smoothly through the business visa process.

Looking for the way NOT to get a US work visa? Then watch The Proposal, a recent romantic comedy starring Sandra Bullock and Ryan Reynolds.

In the movie, Bullock plays a publishing exec working in New York City. Similar to many foreign workers in the United States, she is facing deportation back to her home country of Canada once her work visa expires.

In order to extend her visa and keep her job, she orders Reynolds, her young assistant, to marry her. As he has long been a victim of her bullying, he agrees as long as she agrees to promote him to editor.

Bullock submits her visa application to the Unites States Citizenship an Immigration Service, but things begin to fall apart. She starts to feel remorse, and admits to her crime during the wedding ceremony, which her US immigration case worker is attending.

While this may be a perfectly valid plot for a popular Hollywood movie, this is a completely unrealistic scenario in real-life.  There are 3 critical mistakes she made during her application process:

She made a snap decision. It is absolutely critical to stay calm throughout visa proceedings, especially when an expiration deadline is coming up. The USCIS will watch for erratic behavior in such situations. Education about, and familiarity with, all valid options for staying in the US can help reduce any stress.

She was not realistic. Each different type of visa has specific requirements, and part of the process for many immigrants is methodically planning how to check off all the boxes. Fake marriages should NEVER be considered a valid strategy.

She was emotional, and acted on it. Going back to the first point, it is crucial to stay cool and collected throughout the entire process. While immigration can certainly be an emotional process, it is imperative to push those emotions down and be as methodical as possible. Be impersonal, and only provide answers to specifically asked questions.

There are hundreds of thousands of visa applicants each year, covering all possible walks of life. Applying for a visa can be a stressful endeavor, and if you ever find that you feel overwhelmed, it is worth looking into hiring an experienced immigration attorney.

If you’ve been through the immigration process, or have helped a loved one through it, then you undoubtedly understand how overwhelming all the forms can be when you first sit down and look at them. Even if you’ve decided that you will not hire an immigration attorney, you may find yourself doubting that decision, and wondering if you will need an attorney to manage the entire process. You may think that you have a very straightforward case, and therefore won’t need an attorney.

There are literally hundreds of reasons that you will need an attorney throughout the process, though. If your situation is complicated at all, then you will need the experience that only a trained immigration attorney can provide. If while filing your own paperwork, you hit a bump partway through the process, an attorney can help get you straightened out. If you don’t feel entirely confident in your ability to file your own paperwork, then call an immigration attorney immediately. Having an attorney from the beginning is orders of magnitude better than hiring one partway through the process to help fix a problem.

If you do decide to hire an immigration attorney, then there are a few things you will need to look for. A qualified, experienced attorney will be worth more than their weight in gold, while on the other hand, an inexperienced attorney can actually cause more problems for your future. In that regard, here are 5 tips to help guarantee you get a good attorney:

• Look for references. Ask everyone close to you if they have experience with any immigration attorneys. Even if they never were in direct contact with an immigration attorney themselves, many times they will know someone who went through the immigration process, or they will know an immigration attorney personally. Friends and family members are quick to put in a good word for a good attorney, and even quicker to share stories about a poor one. It’s important to remember any and all attorneys that are brought up.
• Search the American Immigration Lawyers Association website. The AILA is a national association of attorneys and lawyers who currently practice and teach immigration law, so if you see a particular attorney listed on their site, you can be fairly certain that you’ll be dealing with someone that has a good understanding of immigration policies and laws. If you are only just beginning your attorney research, you can search for local immigration lawyers on the site. If you asked friends/family for references and got a few attorneys’ names, you can search the site to see if they’re current members. Please keep in mind, though, that being a member of AILA is not required to practice immigration law. It is merely one of the indicators that can potentially point you towards an experienced attorney.
• Compile a short list and interview them. Many attorneys offer an initial consultation for free, so take advantage of that to interview your potential lawyers, and find one who best matches your needs. Ask them for their experience in your particular type of immigration. Since immigration law is an extremely broad category, it is very possible you may find an attorney who has only handled 1 or 2 of a particular type of case. See if you can even ask for client references, and then follow up with those clients to ask about the attorneys work style.
• Look at their fee schedules. Attorneys bill differently for the work they provide, and you should ALWAYS take that into account when you are deciding which one to go with. Some bill by the hour, or charge a flat fee, and there can even be additional fees such as postage, long distance charges, and courier fees. Ask about all of these, so you can have the most information possible to make your decision.
• Check with the state bar. Once you’ve found an attorney that you feel comfortable with, there is one final step to take. Contact the state bar directly to make sure your potential attorney is licensed and currently in good standing.

These guidelines are not intended to guarantee your lawyer will be perfect, but once you’ve taken all these steps, you stand a great chance of getting an experienced attorney to help you smoothly through the immigration process.

The USCIS receives information from thousands of immigration applications each year, and therefore is able to outline some of the most common mistakes that individuals make when e-filing. As in the previous entry, here are a few more of the worst offenders:

Don’t Put Off Mailing Supporting Documentation

There are many points throughout the application process when the USCIS will need extra information. These points will be made known to you, and it should be very clear that extra documentation is required. It is EXTREMELY important that you send in all of the required documents as soon as possible after you have e-filed your application. In the information you have, there should be a section called “Submitting Supporting Documentation.” Please follow all the steps outlined in that section, as the instructions could differ depending on what type of information you are sending in.

Always Watch for “Action Needed” Status on Your Application

When you are on the USCIS website checking over your forms, if you ever see the term “Action Needed” on the My Forms screen next to your case, it could possibly mean that your form payment was not processed fully. This does NOT mean you need to re-file. I repeat, DO NOT re-file. That could cause even more problems. What you should do is click on “View/edit/delete,” which will provide you with information and instructions on the reason for the message. If the information shown there is not sufficient, you can also take the following steps:

• Double-check with your bank or credit card to see if the e-file payment was taken out of your account or not.
• Call the NCSC at 1-800-375-5283, and let them know your status is “Action Needed.” They will ask for information such as payer’s name, applicant’s name, payment type (no account numbers), form type, date & time of payment submission, and whether your bank or credit card confirmed the payment.

At that point, the NCSC will assign a member of their Program Management Team to review your application, and if necessary, contact you about your case. Please keep an eye on your application on the USCIS website, and watch for status updates. Remember, once the application submission is successful, your application will no longer show up on the “My Forms” page.

As complicated and confusing as the immigration process can be, mistakes are fairly commonplace. The USCIS has noticed quite a few mistakes being made during the e-filing process, and have published a few tips to help with the process.

Do Not Submit Your Application More than Once. Your credit card or bank account will be charged each time you submit an e-filing application, and the USCIS can not refund any payments made from multiple filings or any other customer error. Therefore, do not re-submit an e-filing application if:

• You have already submitted payment information
• You have already received your Confirmation Receipt Number
• If you aren’t sure your payment information was successfully submitted, check with your Credit Card or bank after 2 business days to see if the payment was taken from your account.
• Once payment has been taken, within 10 days you should receive a Notice of Action Form I-797, indicating your application was submitted successfully.

Basically, do NOT re-file. Remember that it will usually take 2 business days for the payment information to come through to your bank or credit card, and 3 business days before you can track it through the Case Status Service Online.

If You Have Questions, Call the National Customer Service Center at 1-800-375-5283. You should call the NCSC if, after filing your application:

• You never received any Confirmation Receipt Number
• On the My Forms screen, your case is in “Action Needed” status, or
• You made the payment, checked with your bank to make sure the payment went through, but after 10 business days past when you filed, you still haven’t received your Notice of Action Form I-797 in the mail

If you do make the call to the NCSC, have the following information handy:

• The e-filers full name
• Your e-file receipt number, if you have it
• The payer’s full name and the type of payment made (credit card or bank account. NOT account numbers)
• The form type
• The date and time of your e-filing submission

Creating Receipt Notice and Application Files

• Once you have completed the application fee payment, and it has been processed, the e-filing system displays the Confirmation Receipt Number on your screen. If you have the capabilities, you can print this page as a PDF, or write down the confirmation number yourself before proceeding.
• On that same confirmation page, click on the “Finish” button, and the e-file system will automatically create a PDF copy of the application.
• Once you have the PDF file, it is recommended that you save them to an external device such as a flash drive or CD/DVD, as well as print them out for filing purposes.

Maintaining Proof of Your Filing

In your records, you will need to keep:

• The electronic or paper copy of your application and Confirmation Receipt

You will have to provide a copy of that receipt at various points, such as:

• Whenever you submit any supporting documents, and
• When you have your biometric information recorded.

If, after filing, you did not obtain a PDF copy of your receipt number, and forgot to write it down, then please wait the 10 business days for your Notice of Action Form I-797 to arrive. It will have your receipt number printed on it. Once again, if you do not receive the Form I-797 after 10 business days, call the NCSC at 1-800-375-5283.

Please stay tuned to future entries for more tips on mistakes to avoid while e-filing.

According to a recent report from the USCIS, the filing locations for the immigration Form I-130, which is a petition for an alien relative, are changing.

Instead of the previous locations, domestic petitioners are now supposed to mail their standalone I-130 applications to either the Phoenix Lockbox, or the Chicago Lockbox, depending on the location of their residence in the United States. For the exact addresses of these newly-updated locations, please check the USCIS location at the following link: Form I-130 Direct Filing Locations. Not only will splitting the offices make it more efficient for people to mail their forms in, it will allow workers to process the I-130 forms much faster, increasing efficiency and effectiveness.

They announced that there is to be no change in where Form I-130s should go if they’re accompanied with a Form I-485, however. The I-485 is an Application to Register Permanent Residence or Adjust Status. Those forms should all continue to be sent to the Chicago Lockbox location. All immigration petitioners that don’t have a USCIS office in their country should all still send their forms to the Chicago Lockbox location as well. All filers that do have a USCIS office in their country have the option to send their Form I-130 to either the Chicago Lockbox location, or their local office.

It’s crucial to know this information, so as to avoid a delay in the processing of your I-130 form. For any specific questions, please go to the USCIS website using the link above.

According to the U.S. Citizenship and Immigration Services, the Department of Homeland Security consulted with the Department of State, and identified 53 new countries whose nationals are now eligible to be in the H-2A and H-2B programs for the coming year.

The H-2A program gives eligible U.S. employers the ability to fill temporary agricultural jobs by bringing foreign nationals to the United States. The H-2B is similar, in that it gives U.S. employers the ability to fill temporary non-agricultural jobs by bringing foreign nationals to the United States. With only limited exception, the USCIS only allows for nationals of countries that the Secretary of Homeland Security determines as eligible to participate in the H-2A and H-2B programs.

The new list that was published late January expands greatly on the number of countries eligible to participate. The list remains valid for one calendar year.

According to USCIS.gov, this new list, effective Jan. 18, 2012, the following countries are now eligible for the H-2A and H-2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu.  Of these countries, the following were designated for the first time this year:  Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

The new list doesn’t have any bearing on anyone who has a valid H-2A or H-2B visa currently. Also, even if your country is not on the list, the USCIS does still make exceptions, so it’s always a good idea to file anyway.

A very common belief among people filing for immigration is that when they get their driver’s license or Social Security number, they it gives their status some kind of legalization. For that reason, many people are in a hurry to obtain them.

More often than not, however, when people are in too much of a hurry to get a driver’s license or Social Security number, there could be repercussions down the road, and it could land the filer in trouble. For this reason, it’s very important to know exactly when to file for these things.

Before doing anything, though, it’s always a good idea to gather all your paperwork and make sure that you have it all in order. Double, and even triple, check all the information on the forms. The data on all of the forms has to be 100% correct, or it could cause trouble for you. Also, always make sure you bring all your paperwork with you whenever you meet with an immigration official.

A few things to remember when applying for a Social Security number or driver’s license:

Make sure you don’t rush. You need to wait at least 10 days before you start filing this paperwork, so that the Government databases can be updated with all your information.

Many times, immigrants don’t know if they are even eligible for a Social Security number or driver’s license. Read up on all the eligibility forms before applying.

Before you apply for either of these 2 things, ensure that you talked with your RO/ARO or DSO, and ask them if your record with SEVIS is active. It will need to be if you want your application to be accepted.

Use the time while you’re waiting to check up on all this information. That way, when the 10 day waiting period is up, not only are you familiar with the filing process, but you’re aware whether you qualify for it or not.