U.S. Work Visa and USCIS NTA (Notice to Appear)

1. What is the purpose of a U.S. work visa?


A U.S. work visa is a document that allows foreign nationals to legally work within the United States for a limited amount of time. It is issued by the U.S. Department of State or U.S. Citizenship and Immigration Services and enables foreign workers to obtain work authorization, collect wages, and abide by the terms of their employment agreements.

2. What are the different types of U.S. work visas?


The different types of U.S. work visas are:

1. H-1B Visa: This visa is for foreign professionals in a specialty occupation.

2. L-1 Visa: This visa is for intra-company transferees who work in a managerial or executive capacity.

3. O-1 Visa: This visa is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics.

4. TN Visa: This visa is for citizens of Canada and Mexico who work in professional occupations under the North American Free Trade Agreement (NAFTA).

5. E-2 Visa: This visa is for investors from certain countries who come to the U.S. to develop a new or existing business, or to direct and develop an existing enterprise in which they have invested a substantial amount of capital.

6. F-1 Visa: This visa is for foreign students who wish to study at an accredited U.S. college or university.

3. How do I apply for a U.S. work visa?


In order to apply for a U.S. work visa, you will need to submit an application to the U.S. Citizenship and Immigration Services (USCIS). Depending on your specific situation, you may need to apply for a temporary or permanent visa. The type of visa you will need depends on the type of employment you are seeking in the United States and your individual qualifications and background. You can find detailed information about U.S. work visas on the USCIS website.

4. What documents do I need to apply for a U.S. work visa?


In order to apply for a U.S. work visa, you will need to provide the following documents:

• A valid passport with at least six months of validity remaining

• Completed and signed visa application form (Form DS-160)
• One passport-style photograph
• A proof of your employment offer or job contract from a U.S. employer
• Evidence of your qualifications and experience, such as diplomas, certificates, and other documents related to your occupation
• Proof of your relationship to any accompanying family members, such as marriage or birth certificates
• A non-refundable visa application fee
• If you are applying for certain types of work visas, you may need additional supporting documents.

5. How long does it take to process a U.S. work visa?


It typically takes between three and six months for the U.S. government to process a work visa. The exact processing time will vary depending on the type of visa and the individual’s circumstances.

6. What are the fees associated with applying for a U.S. work visa?


The fees associated with applying for a U.S. work visa vary depending on the type of visa and the country of origin. Generally, there is a petition fee that must be paid for the employer when filing for a work visa, and there may be additional fees depending on the type of visa and processing location. Additionally, the foreign national applying for a work visa may need to pay a separate application fee and biometrics fee.

7. How long is a U.S. work visa valid?


A U.S. work visa is generally valid for the duration of the employee’s employment contract, up to a maximum of five years. Some work visas, such as the J-1 visa, may also be valid for additional time depending on the visa type and the purpose of the stay.

8. Can I extend the validity of a U.S. work visa?


No, the validity of a U.S. work visa cannot be extended. If you would like to stay and work in the United States beyond the expiration date on your visa, you must apply for a new visa.

9. What is the USCIS NTA (Notice to Appear)?


The USCIS NTA (Notice to Appear) is an official document from U.S. Citizenship and Immigration Services (USCIS) that instructs an immigrant to appear at a designated date, time, and place for a removal hearing. The NTA is issued when USCIS has determined that an immigrant may be removable from the United States for violating immigration laws or regulations.

10. What are the consequences of receiving a USCIS NTA (Notice to Appear)?


A USCIS NTA (Notice to Appear) is a formal document issued by the U.S. Citizenship and Immigration Services (USCIS) that orders a non-citizen to appear before an immigration judge. Receiving an NTA can have serious consequences, including removal proceedings and potential deportation. The individual may also face fines, jail time, or other penalties. It is important to speak with an attorney if you receive an NTA to understand your rights and obligations under the law.

11. How can I challenge or contest a USCIS NTA (Notice to Appear)?


You can challenge or contest a USCIS NTA by filing a motion to stay removal or re-open proceedings with the Immigration Court. Additionally, you may appeal to the Board of Immigration Appeals. However, for both options you must establish a legal basis for continuing your presence in the U.S. and reasons why the NTA should be withdrawn or canceled.

12. Who can receive a USCIS NTA (Notice to Appear)?


A USCIS NTA (Notice to Appear) is issued to individuals who are suspected of being in the United States without legal authorization or are accused of violating an immigration law. This notice can be issued to anyone who is present in the United States, including immigrants, nonimmigrants, and those applying for visas.

13. When does the USCIS NTA (Notice to Appear) take effect?


The NTA takes effect when the USCIS issues it to an individual. If the individual does not appear at the scheduled hearing, the NTA may be issued to initiate removal proceedings against the individual.

14. Do I need an attorney for a USCIS NTA (Notice to Appear)?


Yes, it is highly recommended to have an experienced immigration attorney for a USCIS NTA. An immigration attorney can review your case and provide you with legal advice and assistance to ensure you have the best possible outcome.

15. Can I be deported if I receive a USCIS NTA (Notice to Appear)?


Yes. If you receive a USCIS NTA, you may be placed in removal proceedings and ultimately be deported.

16. What is the difference between an immigration bond and an ICE Bond?


An immigration bond is a bond set by the US government when a person is detained due to a possible violation of US immigration laws. The bond is intended to guarantee the detainee’s appearance for all immigration proceedings. An ICE Bond is a type of immigration bond specifically issued by Immigration and Customs Enforcement (ICE) that guarantees the release of an individual who has been detained by ICE pending their removal proceedings.

17. How can I apply for voluntary departure or removal proceedings?


You can apply for voluntary departure or removal proceedings by contacting the Immigration Court in your area. The Immigration Court is the only agency that can authorize voluntary departure and removal proceedings. You will need to provide evidence of your identity, your legal status in the US, and your relationship to any dependents who may be affected by your departure or removal. Additionally, you will need to provide a detailed explanation for why you request voluntary departure or removal. An attorney may assist you with this process.

18. What are my rights as an immigrant with regards to receiving a USCIS NTA (Notice to Appear)?


As an immigrant, you have the right to due process and a fair hearing before an immigration judge. You must be provided with a copy of the NTA and have an opportunity to review and respond to the allegations within it. Additionally, you have the right to obtain an attorney to represent you in immigration court proceedings.

19. What should I do if I receive an adverse decision after appearing at a USCIS NTA (Notice to Appear) hearing?


If you receive an adverse decision after appearing at a USCIS NTA (Notice to Appear) hearing, you may have options to appeal the decision, depending on the nature of the decision. Depending on the circumstances of your case, you may be able to file a motion with the court to review the decision and/or request a stay of removal. You should speak with an attorney experienced in immigration law to determine your best course of action.

20. Can I be eligible for relief from deportation or removal proceedings if I receive an adverse decision after appearing at a USCIS NTA (Notice to Appear) hearing?


Yes, you may be eligible for relief from deportation or removal proceedings if you receive an adverse decision after appearing at a USCIS NTA hearing. Depending on the facts and circumstances of your case, you may be able to seek certain forms of relief such as cancellation of removal, asylum or withholding of removal, adjustment of status, or voluntary departure. To explore any potential options for relief, you should consult with an experienced immigration attorney.