Fill and Sign the Standard Form Apartment Lease Simplified Fixed Term

Crosscare believes that every person is created in the image and likeness of God. This places responsibility on us to work to the highest possible standards while treating every person who uses our services and who works for or with us with care, courtesy and love. Our work is guided by four core values: Respect, Human Rights, Integrity and Excellence. ISBN 978-1-906485-01-6 Design by Language. 2 1 Introduction 5 2 Visiting the USA 13 3 General Information 23 4 Working in the USA 29 5 Immigrant Visas 33 6 Non-immigrant Visas 65 7 Healthcare 103 8 Accommodation 117 9 Finding a Job 129 10 Taxes 149 11 Banking 155 12 Driving in the USA 159 13 Irish Contacts 163 14 Definitions 177 15 Dos and Don’ts 183 Welcome to the new edition of “Going to the USA” publication. Ireland has a long history of emigration to the USA. Continuing the work of Emigrant Advice, Crosscare Migrant Project will continue to assist intending Irish emigrants. Our extensive experience of working with intending Irish emigrants has shown us the importance of predeparture information. Therefore when developing this edition of the booklet we were very conscious of a number of points. The first point was that the information in the booklet could become outdated quiet quickly. At Crosscare Migrant Project, we are committed to providing up-to-date information in a manner that is accessible to all. In this edition of ‘Going to the USA’ you will note that beside some of the numerical figures used in the booklet we have put the following: (2007 figure). As some of these figures change we will update the ‘Going to the USA’ publication on our website so that you will be able to access the most current, up-to-date information. 6 Going to the USA Secondly many people who choose to leave Ireland often feel overwhelmed with the amount of issues they have to consider. Our aim was to try to make the information as simple as possible and so we decided to present the publication in ‘question and answer’ format. However, in some cases the booklet will not be enough to answer your query. Please refer to the relevant wesites listed in the booklet for more detailed information. This booklet is designed to provide you with accurate information on USA immigration procedure, as well as give you an insight into the costs involved in emigrating, for example the cost of medical cover, accommodation etc. This is to help you to make an informed decision as we feel the more information you have the more prepared you will be. The saying “forewarned is forearmed” applies to any person who is making a decision to emigrate no matter what destination they choose. A practical guide to emigrating Interesting facts • The USA is vast - Over 300 million people in an area that spans 5 time zones • A trip from coast to coast takes as long by plane as it does to fly from Ireland to New York or 6 days by car • Some of the most popular city destinations for Irish emigrants have huge populations (general population figures 2006): • New York 8.2 million • Los Angeles 3.8 million • Chicago 2.8 million • San Francisco 0.8 millions • Philadelphia 1.5 million • Boston 0.5 million • San Diego 1.2 million. 7 We wish to acknowledge the following people and organisations for their contribution to the development of the “Going to the USA” publication. Sheila Gleeson from the Coalition of Irish Immigration Centres (CIIC) in the USA, Abby Colbert from the Irish Immigration Centre in Boston, Noreen Bowden (EAN) and Fr. Alan Hilliard from the Irish Episcopal Commission for Emigrants (IECE), the Department of Social and Family Affairs and Supporting Irish Abroad SIA/IECE for funding this publication. How to use this guide… This guide gives details of the majority of options open to people wishing to move to the USA to live and work, whether for a year or 2 or for longer. It is broken into different chapters some of which may not be relevant to you. Make sure to double-check all information before making a final decision. A practical guide to emigrating 9 What chapters should I look at? Everyone should read Chapters 2 - Visiting the USA and Chapter 3 - General Information. They contain essential information about the pre-entry and entry procedures you will have to go through. Not all the information will necessarily apply to you, but make sure you know what you need to do before you leave Ireland. Go to Chapters 4 - Working in the USA, Chapter 5 - Immigrant Visas, and/or Chapter 6 - Non-immigrant Visas if you think they might apply to you. You can use the index at the beginning of each chapter to see what section or page has the information you want. Chapter 7 is very important as it covers healthcare. You should read this through so you know what you are entitled to and where you should go if you need medical attention. Chapters 8-9 cover accommodation and employment. They should be useful for everyone. Chapters 10-11 are very important for anyone intending to work in the USA, so read them both to make sure you know what you have to do to get your finances and tax situation organised as soon as possible after arrival. Chapter 12 has useful information on driving in the USA. 10 Going to the USA Chapter 13 has all the contact details of Irish organisations and Irish Embassies and Consulates in the USA. Have a look at these before you go, as they will be up-to-date and will give you an idea of your nearest Irish contacts. Make sure to read Chapter 15 - Dos and Don’ts! With so much to organise and remember, below is a list of the most important things you will need to do. Within the first few weeks you will need to: • Find or have already found temporary accommodation • Open a bank account • Apply for private health insurance • Get a map of the area and find out about transportation in your area • Find the contact details for an Irish organisation in your community • Fill out the forms for a Social Insurance Number • Try to find a job. A practical guide to emigrating Within the first year you will need to: • Find more permanent accommodation • Get a telephone installed • Register your children in school • Get a family doctor • Get an American driver’s licence • Understand your rights and responsibilities under American law. 11 Introduction 14 I  have an Irish passport. Do I need a visa to go to the USA on holiday or for a short stay? 14 What is the Visa Waiver Programme? 15 Who is eligible to travel ‘visa free’? 16 Who is not eligible to travel ‘visa free’? 17 W  hat are the conditions of using the Visa Waiver Program? 18 C  an I work in the USA if I enter on the Visa Waiver Program? 19 W  hat if I overstay the 90 days allowed for a visit to the USA on the VWP? 20 14 Going to the USA This chapter has information about going to the USA on a holiday or visit. It is important that you read this chapter as it explains the Visa Waiver Programme and what you will need to do if you are going to the USA for less than 90 days as well as what will happen if you overstay your visa. I have an Irish Passport. Do I need a visa to go to the USA on holiday or for a short stay? No. If you have a machine-readable Irish passport and you are planning to visit the USA for 90 days or less, you will qualify to enter the USA under the Visa Waiver Program. You will not have to apply to the US Embassy for a visitor’s visa. A machine-readable passport is a passport with 2 typeface lines printed at the bottom of the biographical page (the page on your passport that shows your photograph and personal information for example your name, date of birth, address and nationality) which can be read by machine. A practical guide to emigrating 15 What is the Visa Waiver Programme? The Visa Waiver Program (VWP) enables citizens of participating countries to travel to the USA as a visitor for pleasure or on business for 90 days or less without obtaining a US visa. However you may still face questioning by a US Immigration Officer at the port of entry e.g. airport. US immigration officers must be satisfied that your intention is to stay in the USA for 90 days or less before you are admitted as a visitor. If they believe that your intention is to remain in the USA longer than 90 days you will be refused entry. Note Representatives of the press, radio, film industry or other information media cannot travel to the USA using the Visa Waiver program if they intend to work. If this is the case they will require a non-immigrant Media (I-visa). 16 Going to the USA Who is eligible to travel ‘visa free’? The requirements for visa-free travel using the Visa Waiver Program are that you must be: • A citizen of one of the participating countries, travelling on a valid machine-readable national or EU passport. Passports issued on or after 26th October 2006, by Visa Waiver Program countries must include a digital photo or the person travelling will have to get a visa • Travelling for business, pleasure or transit only • Intending to stay in the USA for 90 days or less • In possession of a return ticket • In possession of a completed Form I-94W which you will get at the airport before departing. If you are entering the USA by land from Canada or Mexico you must be in possession of a completed I-94W form, which is issued by the immigration authorities at the port of entry. You will have to pay a $7.00 fee (2007 figure) payable in US dollars only at the port of entry if you are entering by land. A practical guide to emigrating 17 Who is not eligible to travel “visa free”? If you are planning to go to the USA to study, work or remain more than 90 days you will not be eligible to travel “visa free”. You will have to apply for a visa. There are also a number of other reasons in which you may not be eligible to travel “visa free” for example, a person who has certain serious communicable illnesses, a criminal record, a previous exclusion or deportation order from the US and those who have previously violated their status using the Visa Waiver Program. A person who has overstayed his/her 90 days granted under the VWP is no longer eligible to travel on the VWP and will have to apply for a visa at the American Embassy/Consulate. If any of these conditions applies to you, or if you have previously been refused a visa, you should contact the US Embassy/Consulate to make an appointment to apply for a visa before making your travel arrangements. 18 Going to the USA What are the conditions of using the Visa Waiver Program? The conditions of using the VWP are: • The 90-day period cannot be extended • No change of status to a different non-immigrant visa type is permitted for those who entered the USA on a Visa Waiver unless you first leave the US • The only adjustment of status to lawful permanent residence for anyone who entered on a Visa Waiver that is allowed is on the basis of an immediate relative petition, which is an immigrant visa • A person who enters the USA on the VWP waives his/her right to a hearing before in immigration judge to contest their removal from the USA. If you enter on a USA Visa Waiver, overstay your 90 days and are caught by immigration you will be deported without a hearing. A practical guide to emigrating 19 Can I work in the USA if I enter on the Visa Waiver Program? No, you cannot work if you enter the USA on a Visa Waiver. If you are caught you could be detained and then deported. If you want to work in the USA, you must apply for a visa that specifically allows you to work. If you work unlawfully in the USA and are caught your employer could be fined $10,000 and barred from applying for any government contracts. If you are caught violating the terms of the Visa Waiver Program by working, or if you overstay even by a couple of days, it is unlikely you could return on another non-immigrant visa for a long time. If you overstay your visa by a period of 6 months or 1 year you could be refused re-entry to the USA for 3-10 years. A previous over-stay might bar you from obtaining a work visa and will show up on you immigration records. 20 Going to the USA What if I overstay the 90 days allowed for a visit to the USA on the VWP? If you overstay the permitted 90-day period you will be disqualified from entering the USA again on the Visa Waiver Program. If you overstay even by a few days it could jeopardise the possibility of being granted another non-immigrant visa for a long time. If you overstay by a period of more than 180 days but less than 1 year, if you leave the USA you will be barred from entering again for 3 years. If you overstay by a period of 1 year or more, if you leave the USA you will be barred from entering again for 10 years. If you overstay your 90 days and remain in the USA, you will be at risk of being deported without a hearing, and under current law it will be impossible to get legal status in the USA except on the basis of a petition by an immediate relative. A practical guide to emigrating 21 Introduction 24 What forms of identification should I bring? 24 W  hat is the best advice on bringing money to the USA? 25 What contacts details should I bring? 25 D  o I need to have travel insurance if I am only going to the USA for a short period? 26 24 Going to the USA In this chapter you will find general information if you are going to the USA on a visit. It includes information on bringing money to the USA, forms of identification you may need and information on travel insurance. What forms of Identification should I bring? You should bring: • Your passport - The passport must be machine-readable. You should check to make sure it will not go out of date during your stay in the USA otherwise permission to stay will not be granted beyond the validity date on your passport • Your driver’s licence or an International driver’s licence if you have one • Your International Student Card if you have one. A practical guide to emigrating 25 What is the best advice on bringing money to the USA? If you are visiting the USA it is advisable not to carry large amounts of cash so where possible use a credit card or travellers’ cheques. Certain Irish bankcards can be used in American ATM bank machines. You should check with your bank to see if your bankcard will work before you leave (If the card has “Cirrus Maestro” on it, it will work in the U.S. ATM’s). If you are planning to use your Irish bankcard in the USA, you should have a backup plan in case you lose your bankcard or if it is “eaten” by an ATM machine, for example, you could have some travellers cheques that you can cash in an emergency if you cannot use your ATM card. What contact details should I bring? You should bring contact details for anyone you could contact in the USA if you run into difficulties. Before you go you should make sure names, addresses (including the correct zip code of the address) and telephone numbers are up to date and complete. You should also make sure that you have the correct area codes for telephone numbers for the person you can contact, the full name of city, suburb, town for that person/s. 26 Going to the USA Do I need to have travel insurance if I am going to the USA for a short stay? Yes it is advisable to have travel insurance if you are going to visit the USA for a short stay, as the cost of medical treatment in the US is very expensive. Any Irish citizen who goes to another EU country for a short period can apply for a European Health Insurance Card (EHIC), which would cover the cost of emergency, however as EU regulations do not apply in the US, there is no such scheme available. You should get temporary health cover before you leave Ireland, for example, through your travel agent, bank or credit union. If you have private health insurance in Ireland you should contact your insurer to see if they offer worldwide coverage. You will usually pay some contribution towards treatment no matter what insurance coverage you have. A practical guide to emigrating 27 Introduction 30 Should I travel without a visa? 30 How difficult is it to obtain a visa? 30 What are the different types of visas? 31 30 Going to the USA This chapter is very important for anyone who is thinking of going to work in the USA. This chapter also outlines the different visas available if you want to move to the USA temporarily to work or if you want to move to the USA permanently to work. Should I travel without a visa? No you should not travel to the USA without a visa if you intend to work. You can travel to the USA on the Visa Waiver program without a visa only for a holiday. You do not have permission to work in the USA on a visa waiver. How difficult is it to obtain a visa? The USA is a popular destination and many people want to live and work there. As a result visa regulations are strict and while there is a variety of visa programmes available, the criteria is very strict. There is no 1 Year Working Holiday visa programme for Irish people to go and work and holiday in the USA. A practical guide to emigrating What are the different types of visas? There are 2 main categories of visas (discussed in detail in the next chapter): • Immigrant Visas, granted to lawful permanent residents, allowing them to live and work in the USA indefinitely, subject to few restrictions • Non-immigrant Visas, which allow an immigrant to come to the USA for a limited amount of time for a specific purpose. 31 Introduction 34 General Information 34 Family-based Immigrant Visas 38 Employment-based Immigrant Visas 43 The Diversity Visa Lottery Program 48 34 Going to the USA In this chapter you will find information on all the Immigrant visas available for the USA. It is an extremely detailed chapter so please read it carefully to ensure you find out which visa meets your requirements. An immigrant visa, more commonly referred to as a “green card,” is given to a person granted lawful permanent resident status. It allows you to live and work in the USA indefinitely subject to few restrictions. There are several different categories of immigrant visas (green cards), including family-based green cards, employment-based green cards and green cards based on being a special immigrant, asylum seeker or refugee. An applicant can lodge their application for an immigrant visa/ permanent resident status at either a US Embassy/Consulate or with the USCIS office that has jurisdiction over the applicant’s residence in the USA. The first process is called “Consular Processing” while the later step is called “Adjustment of Status”. In order to adjust your status while you are in the US you must meet certain criteria and conditions. You should contact an immigration specialist to determine if you are eligible. A practical guide to emigrating 35 Numerical limitations The US government puts numerical limitations on the number of immigrant visas granted each year, except for those based on immediate family petitions (applications). Whenever there are more qualified applicants for a category than there available visa numbers, the category will be considered over-subscribed and immigrant visas will be issued in the chronological order in which the applications were filed until the numerical limit for the category is reached. The filing date of the application becomes the applicant’s priority date. Immigrant visas cannot be issued until an applicant’s priority date is reached. In certain heavily over-subscribed categories there may be a waiting period of several years before a priority date is reached. The waiting time to receive a green card varies and could be as long as 12 years. To see what the waiting period is in a particular category you can visit the Visa Bulletin website (updated monthly) at the Department of State’s website www.travel.state.gov/visa 36 Going to the USA Is there any other important information I should be aware of if I am applying for an immigrant visa? Yes. All applicants for an immigrant visa will be required to submit certain personal documents, which include: • Passport • Birth certificate • Police certificates (Certificate from the Gardai to state that you are of good character and do not have a criminal record) • Evidence that you will not become a public charge in the United States. Medical examinations Before an immigrant visa can be issued every applicant regardless of age must undergo a medical examination. A doctor designated as a civil surgeon by the US government must conduct the examination. The applicant must pay for the examination. A practical guide to emigrating 37 Visa fees The cost of each immigrant visa varies. For further information or to view the Schedule of Fees, please see the USCIS website www.uscis.gov If you have a pending immigrant visa application at the American Embassy, you should contact: Immigrant Visa Unit 42 Elgin Road Ballsbridge Dublin 4 Telephone: 01 668 8777 It is important to note that since no advance assurances can be given that a visa will be issued, applicants are advised not to make any final travel arrangements, not to dispose of their property and not to give up their jobs until visas have been issued to them. An immigrant visa can be valid for 6 months from the date of issue, which means that you must enter the USA within 6 months from the date you get your visa. 38 Going to the USA Family-based Immigrant Visas Family-based immigrant visas are available if you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the US or if you have a relative who is a lawful permanent resident.  The family-based immigrant visa that your relative (sponsor) can apply for on depends on whether they are a US citizen or a lawful permanent resident. If the sponsor is a US citizen they can apply for the following relatives to immigrate to the USA: • Husband or wife - This category includes the widow/er of a US citizen, if the application is filed within 2 years following the death of the US citizen • Parent of US citizen - US citizen must be over 21 years of age • Child of a US citizen - Unmarried child under 21 years of age, unmarried son or daughter over 21, married son or daughter of any age. Stepchildren where the relationship occurs before the child’s 18th birthday, and adopted children where the adoption is finalised before the child reached his/her 16th birthday • Brother or sister - If the sponsor is at least 21 years old. A practical guide to emigrating 39 If the sponsor is a lawful permanent resident they can apply for the following foreign national relatives to immigrate to the USA: • Husband or wife • Unmarried son or daughter - of any age. Preference Categories If you wish to emigrate as a relative of a US citizen or lawful permanent resident you must obtain an immigrant visa number based on the preference category in which you fall. People who want to become permanent residents are classified into categories based on a preference system. The immediate relatives of US citizens which includes parents, spouses and unmarried children under the age of 21 will not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available. 40 Going to the USA Any relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences: • 1st Preference (FB-1) - Unmarried sons and daughters (over 21 years) of US citizens • 2nd Preference (FB-2) - Divided into 2 sub-categories • FB-2A - Spouses and minor children (under 21 years) of lawful permanent residents • FB-2B - Unmarried sons and daughters (over 21 years) of lawful permanent residents. • 3rd Preference (FB-3) - Married sons and daughters of US citizens • 4th Preference (FB-4) - Brothers and sisters of US citizens if the US the citizen is over the age of 21. A practical guide to emigrating 41 Applying for a Family-based Visa For all family-based visas the US citizen or permanent resident files the application with the USCIS. They must include: • Form I-130 - Petition for Alien Relative • Documentary proof that the applicant is a US citizen or permanent resident • Documentary proof that the applicant and the person the application refers to are related • The application charge. Your relative (sponsor) must meet certain criteria in order to apply to sponsor you to immigrate to the US. They must: • Be a citizen or lawful permanent resident of the US and be able to provide documentation providing that status • Prove that they can support you by filling out an Affidavit of Support. For more information on this please refer to the website www.uscis.gov The application is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative. When the USCIS receives the application it is dated and stamped. 42 Going to the USA This date becomes the applicant’s “priority date” on the waiting list for permanent residence. Once USCIS approves the application it is forwarded to the National Visa Center (NVC), which deals with the preliminary visa issuing process on behalf of all Embassies/Consulates. The NVC will send the applicant an invoice for the appropriate fee due, forms to be completed and details of all the documents they will need to provide to the Embassy/Consulate. Once the fee has been paid and all the forms have been completed and returned the applicant will be scheduled for a visa interview when the quota becomes available and once security checks have been completed. The interview will be held at the nearest Embassy/Consulate based on the applicant’s place of residence. The Embassy/Consulate will notify the applicant when they have to attend for the interview. If the Immigrant visa application is approved at the interview the applicant will be given a letter to produce at their port of entry to the USA or a visa will be placed in their passport. From the date the visa is issued the applicant has 4 months to enter the USA. A permanent residence card should be issued to them within 120 days of their entry into the USA. For more detailed information on family-based immigrant visas please refer to the website www.uscis.gov A practical guide to emigrating 43 Employment-based Immigrant Visas Employment-based immigrant visas are divided into 5 preference categories. Most require a permanent offer of employment in the USA, a labour certification from the US Department of Labor (DOL) and the filing of an application with the USCIS. A person whose occupation requires a labor certification must have pre-arranged employment in the USA. For more information on what occupations require a labor certification please see the website www.dol.gov For more information on the specific categories of immigrant visas please see the website www.uscis.gov Filing for employment-based residence is an extremely technical process and those interested are encouraged to contact an immigration attorney with expertise in this area. For more detailed information on immigrant visas please see the website http://dublin.usembassy.gov 44 Going to the USA Employment-based 1st (EB-1) Within this preference there are 3 sub-groups: • Persons of extraordinary ability in the sciences, arts, education, business or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise • Outstanding professors and researchers with at least 3 years experience in teaching or research and who are recognised internationally • Certain executives and managers who have been employed in at least one of the 3 preceding years by the overseas affiliate, parent, subsidiary or branch of the US employer. A practical guide to emigrating 45 Employment-based 2nd Preference (EB-2) There are 2 sub-groups within this category: • Professionals holding an advanced degree (any degree higher than a bachelors), or a bachelor’s degree and at least 5 years progressive experience in the profession • Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field. Employment-based 3rd Preference (EB-3) There are 3 sub-groups within this category: • Skilled workers are persons capable of performing a job requiring at least 2 years’ training or experience • Professionals with a baccalaureate degree are members of a profession with at least a university bachelor’s degree • Other workers are those persons capable of filling positions requiring less than 2 years’ training or experience. 46 Going to the USA Employment-based 4th Preference (EB-4) - Special Immigrants In order to apply in this category, an applicant must be the beneficiary of an approved, I-360 (Petition for Special Immigrants). There are six sub-groups in this preference: • Religious workers coming to carry on the vocation of a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organisation affiliated with a religious denomination • Certain overseas employees of the U.S. Government • Former employees of the Panama Canal Company • Retired employees of international organisations • Certain dependents of international organisation employees • Certain members of the US Armed Forces. A practical guide to emigrating 47 Employment-based 5th Preference (EB-5) Employment Creation Investors To qualify under this category an immigrant (investor) must invest between $500,000 and $1,000,000 US dollars depending on the employment rate in the geographical area in a commercial enterprise in the United States and create at least 10 new full-time jobs for US citizens, permanent residents or other lawfully resident immigrants, not including the investor and his or her family members. 48 Going to the USA The Diversity Visa Lottery Program The Diversity Visa Lottery Program is administered on an annual basis by the Department of State. Every year the USA Visa Lottery Program provides 50,000 US visas worldwide to natives of certain countries. All entries for the DV Lottery must be submitted electronically; no paper entries will be accepted. Important information on the DV Lottery Program • Persons born in a high admission country (countries that have sent more than 50,000 immigrants to the US during the previous 5 years) are in most cases ineligible for the programme. The high admission countries are: Brazil, Canada, China (mainland born), Columbia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, Peru, Poland, Russia, South Korea, United Kingdom (except Northern Ireland) and its independent territories, and Vietnam. Persons born in Hong Kong SAR (Special Administrative Region), Macau SAR and Taiwan are eligible • It is not necessary to use an outside attorney or consultant, as it is not guaranteed to improve your chances of success due to the fact that successful candidates are chosen at random • The annual DV program makes permanent residence visas available to persons meeting the simple, but strict, eligibility requirements A practical guide to emigrating 49 • A computer-generated random lottery draw chooses selected applicants for diversity visas • After the individuals have been selected at random from among all qualified entries through the State Department E-DV lottery computer program, they will not be notified by email. Those selected will be notified only by letter through the post between May and July of the following year at the addresses listed on their E-DV entry • Only the randomly selected individuals will be notified. Persons not selected will not receive any notification • US Embassies/Consulates will not be able to provide a list of those selected to continue the visa process • If you feel that a company or consultant in connection with the DV lottery has cheated you, you can make a formal online complaint at www.ftc.gov 50 Going to the USA How do I apply for the DV Lottery visa? The following provides instructions on how to apply for the DV Lottery visa: • The DV Lottery normally runs between October and December each year • Applicants for the DV lottery must apply online at this address www.dvlottery.state.gov • Entries must be submitted electronically; paper entries will not be accepted • Applicants are advised not to wait until the last week of the registration period as heavy demand may result in delays and no entries will be accepted after the closing date and time • Successfully registered entries will result in the display of a confirmation screen containing the applicant’s name, date of birth, country of origin and a date and time stamp • The applicant should print this screen for confirmation purposes • Applicants must meet the educational or training requirements of the DV programme A practical guide to emigrating 51 • Applicants will be selected at random and those selected will be notified by mail between May and July of the following year. applicants who are not selected will receive no response to their entry • All notification letters are sent within 9 months of the end of the application period to the address indicated. Anyone not notified within this time period will know that his/her application has not been successful • DV lottery visas will be issued between certain dates • There is no fee at the time of the submission of the DV application although a DV case processing fee and regular visa fees are required later in the process if an applicant is successful • The Department of State’s Bureau of Consular Affairs has stated that selected applicants who wish to receive visas must be prepared to act promptly on their cases • Selection does not automatically guarantee a visa • Applicants may only submit one entry. If more than one entry is submitted, that applicant will be disqualified • An applicant may be in the USA or in another country and still submit the DV entry form 52 Going to the USA • Crosscare Migrant Project advises that those who are illegally resident in the USA at the time of application should contact a reputable Immigration Attorney or one of the Irish Immigration Centers (please see Chapter 13 - Irish Contacts for more information) to determine their eligibility • A husband and wife may each submit one entry if each meets the eligibility requirements. If either is selected, the other may be entitled to derivative status • There is no minimum age to apply for DV program but the requirement of a secondary education or equivalent work experience will effectively disqualify most persons who are under the age of 18. A practical guide to emigrating 53 Photographs A digital photograph/scanned photograph of each applicant, his/her spouse and each child under the age of 21 must be submitted by entry form. If the submitted digital photographs do not conform to the following specifications, the DV entry form will automatically be rejected. Digital photograph Background • The photo must be taken in front of a neutral light coloured background • Photos taken against a dark or patterned background will not be accepted. Head position • Person being photographed must directly face the camera • Head of the person should not be tilted up, down or to the side • Head of the person should cover 50% of the photograph 54 Going to the USA • Photos of applicants wearing head coverings or hats are only accepted due to religious beliefs and even then may not obscure any portion of the face of the applicant • Photos of applicants with tribal or other headgear not specifically religious in nature are not accepted • Photos of military, airline, or other personnel wearing hats will not be accepted • Photos in which the person being photographed is wearing sunglasses or other items that detract from the face will not be accepted. Technical specifications • The image must be in the Joint Photographic Experts Group (JPEG) format. Image colour depth • The image must be in 24-bit colour; monochrome images (2-bit colour depth), 8-bit colour or 8-bit greyscale will not be accepted. A practical guide to emigrating 55 Image resolution • Picture must have resolution of 320 pixels high by 240 pixels wide. Image file size • The maximum image size accepted will be 62,500 bytes or 62.5kb. 56 Going to the USA Scanned photograph Background • The photo must be taken in front of a neutral light coloured background • Photos taken against a dark or patterned background will not be accepted. Head position • Person being photographed must directly face the camera • Head of the person should not be tilted up, down or to the side • Head of the person should cover 50% of the photograph • Photos of applicants wearing head coverings or hats are only accepted due to religious beliefs and even then may not obscure any portion of the face of the applicant • Photos of applicants with tribal or other headgear not specifically religious in nature are not accepted • Photos of military, airline, or other personnel wearing hats will not be accepted. A practical guide to emigrating 57 Technical specifications • The image must be the Joint Photographic Experts Group (JPEG) format. Scanner resolution • Scanned at a resolution of 150 dots per inch. Image resolution • 300 by 300 pixels. Image file size • The maximum image size accepted will be 62,500 bytes or 62.5kb. Image colour depth • The image must be in 24-bit colour; monochrome images (2-bit colour depth), 8-bit colour or 8-bit greyscale will not be accepted. Print size • 2 inches by 2 inches (50mm x 50mm) square. 58 Going to the USA Education or training requirement An applicant must have a secondary school education or equivalent defined as successful completion of a 12 year course of elementary and secondary education (Leaving Certificate) or 2 years of work experience within the past 5 years in an occupation requiring at least 2 years of training or experience to perform. The USA Department of Labor’s online database: www.online.onetcenter.org will be used to determine qualifying work experience. Applicants will also find a link to a Labor Department list of qualifying occupations at the Consular Affairs website: www.travel.state.gov. If applicants cannot meet the requirements he/she should not submit an entry to the DV program. A practical guide to emigrating 59 Native of a country whose natives qualify If a person was born in a country whose natives are ineligible but his/her spouse was born in a country whose natives are eligible, such person can claim the spouse’s country of birth provided that both the applicant and the spouse are issued visas and they both enter the USA simultaneously (that is, if your spouse is Irish and you were born in the UK you can claim on your spouse’s place of birth). If a person was born in a country whose natives are ineligible but neither of his/her parents was born there or resided there at the time of the birth, such person may be able to claim nativity in one of the parents’ country of birth (i.e. if the parents were temporarily resident in a non-qualifying country for example on a work contract or on holiday). 60 Going to the USA The online application The only way of applying for the DV-Lottery is to submit an Electronic Diversity Visa Entry Form (EDV). Applicants will be asked to submit the following information on the DV form: • Full Name: Last/Family Name, First Name, Middle Name • Date of Birth: Month, Day and Year • Gender: Male or Female • City/Town of Birth • Country of Birth: The name of the country should be that which is currently in use for the place where the applicant was born • Applicant Photograph • Mailing Address: Address, City/Town, District/Country/Province/ State, Postal Code/Zip Code, Country • Phone Number: (optional) • Email Address: (optional) A practical guide to emigrating • Country of Eligibility: if the applicant’s native country is different from their country of birth this information must be submitted on the entry. If an applicant is claiming nativity through a spouse or parent, please indicate this on the entry • Marriage Status: Unmarried, married, divorced, widowed, legally separated • Number of Children that are Unmarried and under 21 years of Age: Except children that are either US legal permanent residents or US citizens • Spouse Information: Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, Photograph • Children Information: Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, Photograph. 61 62 Going to the USA Is there any other information I need to be aware of? Yes. You should be aware of websites or emails that offer you a guaranteed visa if you apply through them; this is false as the DV lottery picks people at random. You should also be aware of: • Emails requesting payment for applying for the DV lottery. It is important to know that it costs nothing to apply for the DV lottery • Web-based organisations that charge you for applying for the lottery are charging for the service they offer - i.e. filling out the form for you. It is not illegal to use one of these companies but be aware that while they will be familiar with filling out the DV lottery online application forms, using such a company will not increase your chances of being selected • The DV lottery does not send emails in response to applications. Ignore any email that appears to be from the DV lottery center. Any genuine communication from the DV lottery center will be by post • Further information can be found on www.travel.state.gov or applicants may contact Crosscare Migrant Project • We advise applicants that they also consult the above websites and obtain further information from the US Embassy. A practical guide to emigrating 63 Introduction 66 Non-immigrant Visa Information 66 B Visas 67 F-1 Student Visas 72 J-1 Exchange Visitor Visas 75 K-1 Fiancé/e Visa 99 66 Going to the USA This chapter has very detailed information on the non-immigrant visas which are available for the USA. A non-immigrant visa is not a permanent visa, you are only allowed to stay in the USA for a limited time on a non-immigrant visa. You should read this chapter if you are thinking or applying for a non-immigrant visa or if you are not sure what visa to apply for. Non-immigrant Visa information Non-immigrant visas allow their holders to stay in the USA for a limited amount of time and for a specific stated purpose and are issued by the US Embassy/Consulate (although in some circumstances, a visa holder may change his/her status to another visa category while in the United States). There are many types of non-immigrant visas, among them visas for students (F-1), specialty occupation workers (H-1B), and fiancé/e of US citizens (K-1). The most common and widely used of the non-immigrant visas is the B visa. A practical guide to emigrating 67 There are 2 types of B visas: • B-1 (business visitor) and • B-2 (visitor for pleasure). Most non-immigrant visas require that the holder does not have immigrant intent, which means that you must not have the intention to remain permanently in the USA (please see more detailed information on this in the paragraph below). Non-immigrant visas are issued for varying periods of validity. It is important to understand that while the visa may be valid for up to 10 years, each time you enter the USA the immigration officer admitting you will determine how long you may remain in the country during that stay. The times allowed for your stay will be indicated on your I-94W departure card (the small white card you receive at your port of entry). Non-immigrant visas may be issued for single use allowing one entry into the USA, or for multiple entries. Most non-immigrant visas - including the B, F and J visas described below - require that the applicant demonstrate to the USCIS that she/he does not have the intention to remain in the USA. This means that you must show evidence to the USCIS that you intend to return to your home country at the end of the stay granted to you. 68 Going to the USA “Non-immigrant” intent is undoubtedly the most closely scrutinised element of the non-immigrant visa application process. When you apply for any non-immigrant visa at a US Embassy/Consulate overseas, consulate staff will need to be satisfied that you do not have the intention of immigrating permanently to the USA, falling out of status, or becoming a visa overstay. To demonstrate non-immigrant intent an applicant must show ties to his/her home country. How can I prove my ties are to my home country? Ties to your home country would include: • Family ties: If you have immediate relatives (parents, children, brother, sister, spouse, fiancé) in your home country, document this for the visa application. A witnessed statement from a member of your community could include a family doctor, priest, minister, politician or police officer. It is always a good idea to have such letters witnessed or notarised • Community ties: If you have a history of participating in community activities this may help to show that you are unlikely to abandon your home country. Document any ties to any organisations • Property and Economic interest: The more financially rooted the applicant (or his/her family) is, the more likely it will appear A practical guide to emigrating 69 that the applicant will return to his/her own country. If you own a home, include a copy of your title or deed. If you are renting a home, include a copy of your lease agreement. If you own a car and it is registered and insured, include a copy of the registration and insurance policy. Including a letter from your employer that you are employed in your home country and expected back to work is another good way of demonstrating ties to your home country • Other ties: If you are in college or school, include a letter from the college or school administrator verifying you are going to return there to continue your studies. A return airline ticket would indicate your intention to return to your home country on a certain date • Finance: Another issue in obtaining a temporary visa is the issue of finance. You need to be prepared to prove that you have the means to support yourself while staying in the USA, especially if you plan to enter on a visa that does not allow you to work. You should obtain a letter from your bank and a bank statement to use with your visa application. This letter signed by a bank official should show when the account was opened, whose name the account is in and how much money is in the account. If you do not have funds or an account, perhaps a parent or sibling would be prepared to complete this part of the process showing their income and willingness to support you while you are in the USA 70 Going to the USA • Warning: A past visa overstay may demonstrate to USCIS that you have immigrant intent. If a relative or employer in the USA ever filed an immigrant petition for you, this would be evidence of immigrant intent. The following is an overview of some popular types of non-immigrant visas: B-1 - Visitor for Business You would apply for this visa if you were going to the USA, for example, to enter into or negotiate contracts, purchase goods for shipment abroad, obtain orders for products manufactured abroad, attend business conventions, consult with business organisations, or to investigate business opportunities in the USA. Your stay in the USA must be temporary and you must have the clear intention to depart prior to the end of the authorised period of stay. The visa may be issued for varying periods of time and for single or multiple entries. At your point of entry as B-1 visa holder you will normally be granted permission to stay in the USA for the period of time that is necessary to accomplish the purpose of your visit, usually from a few weeks up to 6 months. A practical guide to emigrating 71 B-2 Visitor Visa You would apply for this visa if you were going to the USA temporarily for pleasure (for example if you intend to stay in the USA for more than the 90 days allowed under the Visa Waiver program). The US Department of State defines pleasure as any legitimate activity of a recreational character, including tourism, amusement, visits with friends or relatives, rest, medical treatment and activities of a fraternal, social or service nature. As a B-2 visa holder you cannot use this visa to go the USA primarily for the purpose of studying, but you may engage in brief incidental study. As a B-2 visitor you cannot engage in any type of employment whatsoever. You must prove that your stay in the USA is only temporary and you must have the clear intention to depart prior to the end of the authorised period of stay. The visa may be issued for varying periods of time and may be issued for single or multiple entries. If you are entering the USA on a B-2 visa you will be admitted for a period of up to 6 months. 72 Going to the USA What options are there to extend this visa? If, after you enter the USA as a B-2 visitor and discover that you will need additional time in order to accomplish the purpose of your trip, you may request an extension of time from the USCIS by filing Form I-539 before the expiration of your stay. You must have a valid reason to extend your stay, and you must show your intention is to return to your permanent residence in Ireland and that you have sufficient funds to continue your trip without working. Extensions are not always granted. If the USCIS feels that you are applying for an extension to prolong your stay indefinitely, they will deny your application and you will have to leave the country immediately. If I want to study temporarily in the USA, what visa can I apply for? If you want to study temporarily you can apply for an F-1 Student visa. The definition of a student eligible for an F-1 visa is; a student who has a residence in a foreign country, which he or she has no intention of abandoning and who is a bona fide student, qualified to pursue a full course of study and who seeks to enter the US temporarily and solely for the purpose of pursuing such a course of study at an established college, University, Seminary, Conservatory, Academic high school, A practical guide to emigrating elementary school or other academic institution or in a language training program in the United States, which program must have been approved by the immigration service. In order to be admitted to a school as an F-1 student you must first be accepted by the school and obtain Form I-20 from the schools foreign student advisor. As a prospective student you must also submit evidence that you have enough money to pay all school related expenses and enough money to support yourself for the duration of the academic program. As an F-1 visa holder when you apply for admission to the United States at a port of entry you will be granted permission to stay for your “duration of status” (D/S), or for as long as it takes for you to complete the course of study, maintaining a sufficient course load and not otherwise violating your visa status. 73 74 Going to the USA Can I work in the USA while on an F-1 student visa? While in the USA as an F-1 student, you are only allowed to work at an on-campus job, and only for up to 20 hours per week during school sessions and full-time during holidays, breaks, and the student’s annual vacation. Can my family accompany me to the USA if I am granted an F-1 Student visa? Yes, you can apply to have your spouse and minor children accompany you to the USA. You can include them with your application or you can apply at a later stage to have them join you in the USA. If successful they will be granted an F-2 visa. When making the application you will have to prove that you can financially support them, as they cannot enter into employment in the USA. For more detailed information on this please see the website www.uscis.gov A practical guide to emigrating 75 J visas - Exchange Visitors J-1 visas are available to immigrants who want to participate in an Exchange Visitor Program. The J-1 Exchange visitor program allows participants to pursue education, training or research in the USA. A participant can also take part in this program to teach in the USA. The type of immigrants who can take part in the J-1 program may include (but are not limited to) students, industrial and business trainees, professors and research scholars, foreign medical graduates, international and government visitors, teachers, camp counsellors and au pairs. J-1 visa holders must be sponsored in order to apply for this category of visa. Sponsors of J-1 programs would include: • An existing US agency or organisation • A recognised international agency or organisation that has US offices • A reputable organisation that is considered to be a citizen of the US (for more detailed information on this please see Chapter 14 - Definitions definitions). 76 Going to the USA There are many educational institutions and large companies who participate in this program. For more information on participating organisations please see the website www.exchanges.state.gov/jexchanges The Exchange Visitor Program is administered by the Office of Exchange Coordination and Designation in the Bureau of Educational and Cultural Affairs. The internet website for information on the Exchange Visitor Program is www.exchanges.state.gov/education/jexchanges At the conclusion of their program participants are expected to return to the home countries to use the experience and skills they have acquired while in the USA. Be careful of the 2-year foreign residency rule One issue J visa applicants have to beware of is known as Section 212 E. This is a rule that requires J recipients to a 2 year foreign residency rule after completion of the practical training. Many medical trainees are subject to 212 E. Check with the program administrator to make sure you are not subjecting yourself to this rule if it is a cause of concern to you. A practical guide to emigrating 77 What are the J-1 Echange Visitor Program categories? The Exchange visitor program categories are: Au pair program This program allows a foreign national between 18 and 26 years of age to participate in the home life of a host family. The participant will provide limited childcare services for up to 12 months. Childcare is limited to a maximum of 10 hours per day and to a maximum of 45 hours per week. Host families are required to pay up to $500 toward the cost of the au pair’s required academic course work. The sponsoring organisation is required to screen and select both host families and au pairs as program participants. The sponsor provides au pairs with training in child development and child safety prior to their placement with a host family. For more detailed information on the au pair program please see the website www.exchanges.state.gov/education/jexchanges Camp Counsellor program Camp Counsellors interact directly with American youth groups by overseeing their activities in a camp setting during the US summer season. Foreign university students, youth workers, and other specially qualified individuals at least 18 years of age and proficient in English may work as Counsellors in US. summer camps for up to 4 months. Extensions to this program are not 78 Going to the USA permitted. Participants receive pay and benefits in line with those offered to their US counterparts. For more detailed information on the Camp Counsellor program please see the website www.exchanges.state.gov/education/jexchanges Student Program (college/university) The Student Exchange Program (college/university) allows foreign students the opportunity to study at a degree-granting postsecondary accredited educational institution. Students may participate in degree and non-degree programs. Academic training for undergraduate or pre-doctoral students may not exceed 18 months, including prior academic training in the USA, or the duration of the student’s full course of study in the USA, whichever is less. Academic training for postdoctoral students may not exceed 36 months, including prior academic training in the USA or the duration of the student’s full course of study in the USA whichever is less. For more information on the Student program please see the website www.exchanges.state.gov/education/jexchanges A practical guide to emigrating 79 Student Program (secondary) The high school exchange program allows foreign secondary school students to enter the United States to complete up to 1 year of academic study at an accredited public or private secondary school. During their stay participants live with American host families or reside at accredited US boarding schools. Students attend school as full time students and may attend for not less than 1 term or more than a full academic year. Participants must be between the age of 15 and 18-and-a-half years at the time of initial school enrolment (by the first day of school) or have not completed more than 11 years of primary and secondary school. Students are not allowed to work on a part- time or full-time basis, but may accept occasional work for example, babysitting. For more detailed information on this student program please see the website www.exchanges.state.gov/education/jexchanges 80 Going to the USA Government Visitor Program The Government Visitor Program is for the exclusive use of US federal, state, or local government agencies. Government visitors are authorised to participate in the Exchange Visitor Program for the length of time necessary to complete the program but this will not exceed 18 months. Participants in this category include editors, business and professional persons, government officials and labour leaders. For more detailed information on the Government Visitor program please see the website www.exchanges.state.gov/education/jexchanges Alien Physician Program Through this category foreign medical graduates may pursue graduate medical education or training at accredited schools of medicine or scientific institutions. The Educational Commission solely sponsors participants in this category for Foreign Medical Graduates (ECFMG). Please see the website www.ecfmg.org To be eligible, foreign medical graduates must meet certain criteria. For more detailed information on the Alien Physician Program please see the website www.exchanges.state.gov/education/jexchanges A practical guide to emigrating 81 Professor/Research Scholar Program Any person participating in this program can engage in research, teaching, and lecturing with their American colleagues. Professor and research scholar participants may not be in the USA in (or have J-visa status) for any part of the 12-month period preceding the start date of their programs. Professors may engage in research and research scholars may engage in teaching/lecturing, at the discretion of the responsible officer (a person appointed by the sponsoring organisation to administer the program). This will not be considered a change of category. The maximum duration for these categories is 3 years. For more detailed information on the Professor/Research scholar program please see the website www.exchanges.state.gov/education/jexchanges 82 Going to the USA Short-term Scholar Program The short-term Scholar Program allows the participant (a professor, research scholar or person with similar education) to visit the USA to lecture, observe, consult, train or demonstrate special skills at research institutions, museums, libraries, post-secondary accredited educational institutions or similar types of institutions. The program duration is for a maximum period of 6 months. Extensions are not permitted in this category. For more detailed information on the short-term Scholar Program please see the website www.exchanges.state.gov/education/jexchanges Specialist Program The Specialist Program is for participants who are experts in a field of specialised knowledge or skill and who go to the USA to observe, consult, or demonstrate their special skills. Participants in this program would include mass media communication, environmental science, youth leadership, international educational exchange, and museum exhibitions. The purpose of the specialist category is to facilitate exchange among experts at scientific institutions, government agencies, museums, corporations, libraries, and similar types of organisations. The maximum duration of this category is 1 year. For more detailed information on the Specialist program please see the website www.exchanges.state.gov/education/jexchanges A practical guide to emigrating 83 Teacher Program The Teacher Program allows foreign nationals to have the opportunity to teach in primary and secondary accredited educational institutions in the USA for up to 3 years. To be eligible to participate in this program the foreign national must meet the qualifications for teaching in primary or secondary schools in their country of nationality or last legal residence. The participant must have a minimum of 3 years of teaching or related professional experience and satisfy the standards of the US state in which they will teach. The participant must be of good reputation and character and seeking to enter the USA to teach full time at a primary or secondary accredited educational institution in the USA. For more detailed information on the Teacher Program and for information on the program regulations please see the website www.exchanges.state.gov/education/jexchanges 84 Going to the USA Trainee Program The Training Program allows exchange visitors to enhance their skills in their chosen career field by participating in a structured training program and to improve their knowledge of American techniques, methodologies and expertise within their chosen field. The training program must be different to the participant’s prior training and experience. The maximum length of any training program with the exception of flight training programs is not more than 18 months. For more detailed information on the Training program please see the website www.exchanges.state.gov/education/jexchanges Flight Training To participate in this program you must meet the training program regulations. For more detailed information on this please refer to the website www.faa.gov. The maximum program duration for Airline Transport Pilot (ATP) certification is 24 months. The maximum program duration of all other flight training programs is 18 months. Any requests for extensions must be submitted to the Department of State for approval. For more detailed information on the flight training program please see the website www.exchanges.state.gov/education/jexchanges A practical guide to emigrating 85 I am at college and want to go to the USA for the summer, can I apply for a J-1 Visa? Yes. The J-1 Summer work/travel program is available for college students. Summer Work /Travel Program The J-1 Summer work/travel program allows a foreign postsecondary student (a bona fide post-secondary student currently enrolled in and actively pursuing a degree or a full-time course of study at an accredited educational institution) to enter the USA to work and travel for a maximum of 4 months during their summer vacations. Participants in the J-1 summer work/travel program must show that they have sufficient funds to cover all expenses. As a participant in this program you should try and secure employment before you go, but if you do not you must have enough money to support yourself until to find a job. If you are travelling to the USA as a J-1 summer work/travel participant you should contact your nearest Irish Immigration Center (please see Chapter 13 - Irish Contacts) in the USA, as they often provide information packs including accommodation and job handouts. 86 Going to the USA J-1 Summer work/travel participants are not allowed to work as a domestic help in US households or in positions requiring them to invest their own money for inventory for example as a door-todoor sales person. Summer work/travel program participants are required to have medical insurance that covers them for sickness or accidents during the entire period of their stay in the USA. A practical guide to emigrating 87 Is there any other information I need to be aware of as a J-1 summer work/travel participant? Yes. The following pointers are based on