FAQ’s About Immigration.
Immigrant Visas
Overview.
An immigrant visa, or "green card" as it is commonly called, allows a foreign national to live and work permanently in the U.S. By being granted an immigrant visa, an individual becomes a "Legal Permanent Resident of the U.S."
Family Based Immigration
Immediate relatives of U.S. Citizens.
These individuals are eligible for immigrant visas without having to wait for a visa number to become available. Keep in mind, however, that the term "immediate relative" only includes spouses, parents and children under the age of 21.
Preference Categories.
For those qualifying family members who are not "immediate relatives" as defined above, only a limited amount of immigrant visas may be issued each fiscal year. As a result, long waiting lists usually develop according to each preference category. Those categories are:
1. Unmarried Sons and Daughters of U.S. Citizens
(21 years of age or older)
2. a. Spouses and Children of Legal Permanent Residents (21 years of age or older)
b. Unmarried Sons and Daughters of Permanent Residents
(21 years of age or older)
3. Married Sons and Daughters of U.S. Citizens
(21 years of age or older)
4. Brothers and Sisters of Adult U.S. Citizens
Employment Based Immigration
Like the family based preferences above, only a limited amount of immigrant visas may be issued each fiscal year for each employment based preference. As a result, waiting lists may develop according to each preference category. Those categories are:
1. EB-1: Foreign Nationals of Extraordinary Ability / Outstanding Professors and Researchers / Multinational Executives and Managers. Individuals in this category can petition for permanent residency without having to go through the time consuming labor certification process, and in some case without even having a job offer.
2. EB-2: Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business. This category requires the potential employer to obtain an approved Labor Certification from the Department of Labor. This process involves a testing of the job market to demonstrate that the potential foreign employee will not be taking a job away from a U.S. worker. Additionally, the potential employee must normally have a job offer.
3. EB-3: Skilled Workers and Professionals. Much like the EB-2 category, this category requires an approved Labor Certification and a job offer. There is often a longer waiting list for visas in this category, however.
4. EB-4: Special Immigrant Visas for Religious Workers. This category is similar to the R-1 visa category described under the "Non-Immigrant Visa" section of this site. In order to qualify for permanent resident status, the visa holder must have been working in a religious capacity for two years before applying.
5. EB-5: Investor/Employment Creation Visas. Not to be confused with the E-2 Non-Immigrant Investor Visa, the EB-5 confers permanent resident status based upon a qualifying investment. The standards for the EB-5 are far more demanding than for the E-2. To qualify, an individual must invest in a new commercial enterprise and create employment for ten U.S. workers. The investment must be at least $500,000 if in a "targeted employment area" (rural areas or areas experiencing high unemployment of at least 150% of the national average) or $1,000,000 anywhere else.
Diversity Visa or "Green Card" Lottery
A random drawing of qualified applicants is conducted each year to ensure the U.S. is represented by immigrants from a diverse group of countries. This is known as the Diversity Visa Lottery or "Green Card Lottery."
Refugee and Asylum Applications
Persons unable to return to their home country due to a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion may be eligible to apply for asylum or refugee status in the U.S. This status allows the individual to live and work in the U.S. After one year, permanent resident status may be applied for.
Non Immigrant Visa.
Overview.
Non-immigrant visas are issued for temporary periods of time and for specific purposes. While our firm assists clients with all types of visas, we have listed below the most common types of non-immigrant visas, in alphabetical order. Please note, the descriptions below provide a general overview and are not intended to provide the reader with a comprehensive understanding of each visa category.
B-1/B-2 Visitor's Visa
A visitor's visa allows one to visit the U.S. for business (B-1) or pleasure (B-2). Most often, the consular officer will issue the visa as a combined B-1/B-2 visa. A visitor in this category is allowed to remain in the U.S. for periods up to six months. An extension of stay in this category is usually obtainable.
E-1/E-2 Treaty Trader and Investor Visa
Nationals of countries having treaties of trade and/or investment with the U.S. may receive this type of visa to invest a substantial amount in the U.S. or conduct a substantial amount of trade between the U.S. and another country. These visas are issued for up to 5 years, depending upon the treaty country. However, the visas may be renewed indefinitely, making this a very favorable visa category.
F-1 and M-1 Student Visa
Persons seeking to pursue a full course of study at a school in the United States may be eligible for an academic student (F-1) visa, or a vocational student (M-1) visa. The F-1 allows the student to work up to 20 hours per week on campus and provides for limited opportunities for outside employment relating to the field of study.
H-1B Specialty Occupation (Professionals) Visa
Workers with at least a bachelor's degree or the equivalent may be eligible for an H-1B visa if the job is one that normally requires a bachelors degree. The foreign worker must also be paid at least the average wage paid to similar workers. H-1B visa holders can stay in the U.S. up to 6 years. (Extensions are available in limited circumstances.)
K-1 Fiancée/ K-3 Spouse Visa
A fiancée of a U.S. citizen may receive a K-1 visa to travel to the U.S. to marry that U.S. citizen within 90 days of entering the U.S. A spouse of a U.S. citizen may apply for a K-3 for permission to travel to the U.S. to reunite with the spouse while an immigrant visa petition is pending. For both the K-1 and K-3, the couple must then file additional paperwork in order to obtain Permanent Resident status.
L-1 Intracompany Transfer Visas
L-1 visas may be obtained by executives/managers (L-1A) and specialized knowledge employees (L-1B) transferring to their employer's U.S. affiliate. L-1A visa holders may be eligible for permanent residency without having to go through a lengthy labor certification process, making this perhaps the most coveted type of visa.
O-1 Extraordinary Ability Worker Visa
Foreign nationals with extraordinary ability or achievement in the sciences, arts, business and education may qualify for an 0-1 visa, which may be initially granted for up to a 3 year period, with possible extensions in one year increments. O-1 holders often qualify for permanent residency without having to go through a lengthy labor certification process.
P-1 Artists and Athletes Visa
Athletes, artists and entertainers who compete individually or as part of a team at an internationally recognized level may be eligible for a P-1 visa. Their approved period of stay in the U.S. varies depending upon the purpose of their visit.
R-1 Religious Worker Visa
Members of a religious denomination having a bona fide nonprofit, religious organization in the United States may be eligible for an R-1 visa to come to the U.S. to work in a religious capacity. A showing of at least two years membership in the religious organization is required. Permanent Resident status may be acquired in certain cases after completing two years of religious work.
TN (North American Free Trade Agreement) Visa
Pursuant to NAFTA, Canadian and Mexican professionals in specific occupations may be able to obtain TN visas if they can show they are qualified and they have a job offer in the U.S. Mexicans must meet more stringent requirements than Canadians, such as obtaining an approved Labor Condition Application. TN holders are admitted for one year, but can renew their visas indefinitely.
V Visa
This new type of visa allows the spouse or unmarried child of a legal U.S. Permanent Resident to obtain work authorization and permission to travel if an immigrant petition was filed on their behalf on or before December 21, 2000 and they have been waiting for at least three years but have not yet received an approval.
Contact Us for a Free Consultation
Should you have any further questions, please feel free to contact us to arrange a free initial consultation to review your options.