Congress created the U visa in The Victims of Trafficking and Violence Prevention Act (VTVPA) of 2000 to encourage victims to report crimes and help law enforcement officials to investigate and prosecute criminal activities regardless of the victims’ immigration status. Women and children are especially vulnerable to certain crimes such as human trafficking, sexual assault and domestic violence. If a U visa petition is approved, the petitioner receives nonimmigrant status to live and work in the United States for up to four years. Subsequently, qualified recipients may apply to adjust status to become a lawful permanent resident (green card) after three years of continuous presence in the U.S. as a U visa holder. There are other eligibility requirements for a green card as well, including the ongoing duty to cooperate with law enforcement in the investigation or prosecution of the qualifying crime. Additionally, other immediate family members of U visa recipients may also be eligible to live and work in the United States as derivative U visa recipients. These family members include: Unmarried children under the age of 21 of principal U visa recipients; Spouses of principal U visa recipients; Parents of principal U visa recipients under age 21; and Unmarried siblings under 18 years old of principal U visa recipients under age 21.

To apply for a U visa, one must file the USCIS Form I-918, Petition for U Nonimmigrant Status (Form I-918), and submit it to U.S. Citizenship and Immigration Services (USCIS) with all relevant documentation, including Form I-918B, the U visa law enforcement certification. The Form I-918B is a requirement for the U visa and must be certified by a qualified law enforcement agency including a federal, state, local law enforcement agency, prosecutor, judge, or other authority that has the responsibility for the investigation or prosecution of a qualifying crime. Essentially, the law enforcement agency must certify that the petitioner was a victim of a qualifying crime, has specific knowledge and details of crime, has been, is being, or is likely to be helpful to law enforcement in the detection, investigation, or prosecution of the qualifying crime. Qualifying crimes includes qualify for the U visa including murder, robbery, abduction, rape, sexual assault, kidnaping, incest, perjury, prostitution, obstruction of justice, etc.

The U visa is an extremely important incentive for victims of crimes to come forward to testify against the perpetrators. Because of the complexity of U visa petitions, applicants should seek assistance from a legal representative or victim advocate. It is important to know that certification by a law enforcement agency does not guarantee approval of a U visa. The USCIS must determine if other requirements of the U visa are met including whether the applicant has suffered substantial physical or mental abuse as a result of the subject criminal activity. However for victims of serious crimes without legal status especially women and children, the U visa may be their only hope to fight back.

Starting 9 August 2011, exceptionally talented leaders in the fields of science, humanities, engineering, and arts will be able to immigrate to the UK under a new Tier 1 (Exceptional talent) immigration category.

The new scheme will not only allow those who are already recognized as leaders in their field, but also those who potentially may become leaders in their field to emigrate to the UK. The scheme will be limited to 1,000 places during the first year of operation. 500 places will be available between 9 August and 30 November 2011, and a further 500 places will be allocated from 1 December 2011 to 31 March 2012. A review will take place on the number of places that should come under the scheme in future at the end of March 2012.

Those admitted under the Tier 1 (Exceptional talent) scheme will be granted a visa for an initial period of 3 years and 4 months. They will be able to extend their stay for an additional period of 2 years. After 5 years residence in the UK, a Tier 1 (Exceptional talent) visa holder will be able to apply for settlement.

World-renowned “competent bodies” will oversee who is eligible for a Tier 1 (Exceptional talent) visa. These bodies can nominate a certain number of places each year:

• the Royal Society, a fellowship of the world’s most eminent scientists, will be able to nominate up to 300 places
• Arts Council England, the national development agency for the arts, will also be able to nominate up to 300 places
• the Royal Academy of Engineering, Britain’s national academy for engineering, will have up to 200 places to nominate
• the British Academy, the national academy for the humanities and social sciences will be able to nominate up to 200 places

The competent bodies will also be able to transfer unused places to other competent bodies.

Non-EU migrants seeking entry to the UK under the new Tier 1 (Exceptional talent) scheme will not be required to have a job offer. However, recommendation by one of the competent bodies listed above is required.

“The UK is a global leader in science, humanities and engineering and we are a cultural centre for the arts: we will continue to welcome those who have the most to offer and contribute to our society and economy,” said UK Immigration Minister Damien Green.

“Our new exceptional talent route, available for up to 1,000 applicants, will ensure that we continue to attract the brightest into the UK and keep the UK a global leader,” he added.

He said that introduction of this new scheme comes at a time when the UK is trying to reduce net immigration to the “tens of thousands”.

However, critics say that recent immigration restrictions will ultimately hurt the UK economy. The educational sector in particular is concerned about recent changes to UK student immigration that make it more difficult to qualify for a visa. Moreover, they say the planned removal of the Tier 1 (Post study work) route will make the UK less attractive for overseas students. Tier 1 (Post study work) allows non-EU graduates of UK educational institutions to remain in the UK temporarily after graduation to live and work in the UK.

In addition, it will be very difficult to qualify for a Tier 1 (Exceptional talent) visa, as compared to the previous Tier 1 (General) visa which it essentially replaced. Still, leaders of the competent bodies are enthusiastic about the UK’s decision to implement the Tier 1 (Exceptional talent) visa route.

“We welcome the launch of this special visa scheme, which will enable the very best artists of international standing to live and work in the UK,” said Alan Davey, Chief Executive of Arts Council England.

“The international exchange of artists enriches their art, and I’m sure audiences will welcome the opportunity to experience the finest artistic talent from across the world,” he added.

“The Humanities and Social Sciences are flourishing in the UK and attract many excellent scholars from overseas,” said Sir Adam Roberts, President of the British Academy.

“The British Academy is ready to play its part in identifying those outstanding scholars for whom Tier 1 is the appropriate visa category,” he went onto say

The J1 visa is issued to the foreign exchange students who have traveled to the United States for the reason of getting some training or some sort of education. As per the clause of the J1 visa the people traveling to the United States on the J1 visa would be required to stay in the home country for the next two years post the completion of the training in the United States for which the visa was issued in the first place.

The basic reason for this requirement defined by the United States government, is that the person who has acquired the advanced skills and knowledge from the United States by the virtue of the exchange visitor program, he or she should go back to the home country and spread the knowledge to people there. But there could be a lot of reasons and requirements because of which the visitor might not be able to travel back. Under such situations there is a provision of waiver of such clause at the discretion of the United States government.

This J1 visa waiver is suitable for the people, who falls in any of the under mentioned categories.

1. Like medical graduates who had originally entered in to the United States and now post the completion of the education they would like to stay back in the United States.
2. People who are foreign nationals and had come to the United States. For the purpose of participating in any of the government funded programs, the same would also apply to the programs those are funded by other countries in the United States or by other international organizations.
3. The people who are foreign nationals, who had attended the exchange program and are now required to go back to their home country but there the knowledge would be of little or no importance due to the lack of the resources there.
4. If the J1 visa holder is able to obtain a NOC or a no objection certificate from the government in his home country.
5. If the project the J1 visa holder is working on is of importance to the federal government or any of its agencies, in that case the federal government might choose to waive off the clause.
6. If by the compliance of the J1 visa clause would be subjecting the spouse and the children of the person to a lot of hardship and problem then again the case could be reviewed for a waiver. But under such a situation the children and the spouse of the person has to be a citizen or atleast a permanent resident of the United States.