Immigrating to the United States can be a complicated process. But don’t worry, we are here to help! The first step is determining what type of Visa you will need to enter the United States. According to the U.S. Customs and Border Protection Service, an Immigrant Visa “is issued to a foreign national who intends to live and work permanently in the United States. In most cases, a relative or employer sponsors the individual by filing an application with U.S. Citizenship and Immigration Services (USCIS).”
Types of Visas:
The E-1 nonimmigrant classification allows a national of a treaty country to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. [1]
The E-2 nonimmigrant classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. [2]
The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree in the specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States. [3]
An EB1 visa is an employment-based, first-preference visa if you are a noncitizen of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager. Each occupational category has certain requirements that must be met. [4]
An EB2 visa an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. There are requirements that must be met. [5]
An EB3 visa is an employment-based, third preference visa available to certain skilled workers, professionals or other workers. There are requirements for each category that must be met. [6]
An EB4 visa is an employment-based, fourth preference visa for special immigrants, such as religious workers, special immigrant juveniles, certain broadcasters, certain retired officers and employees of G-4 international organizations, NATO-6 civilian employees, certain physicians, Iraqi and Afghani interpreters, and more. [7]
An EB5 visa is a fifth-preference visa available to investors willing to make the necessary investment into a commercial enterprise in the United States and plan to create a minimum of 10 permanent full-time jobs for qualified U.S. workers. [8]
These visas are available to academic students, vocational students, and exchange visitors, as well as their immediate families. [9]
This nonimmigrant visa is available to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability. [10]
If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). The K-1 nonimmigrant visa is also known as a fiancé(e) visa. [11]
The L-1 Visa enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. [12]
The O-1 Visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. [13]
An R-1 visa is granted to a nonimmigrant is an a noncitizen who is coming to the United States temporarily to work at least part time (an average of at least 20 hours per week) as a minister or in a religious vocation or occupation and be employed by a non-profit religious organization in the United States, a religious organization that is authorized by a group tax exemption holder to use its group tax exemption, or a non-profit organization with is affiliated with a religious denomination in the United States. [14]
The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. [15]
Under the federal Violence Against Women Act (VAWA), a women may be eligible to become a lawful permanent resident if she is the victim of battery or extreme cruelty committed by a U.S. citizen spouse or former spouse, A U.S. citizen parent, a U.S. citizen son or daughter, a lawful permanent resident (LPR) spouse or former spouse, or a LPR parent. [16]
Immediate relatives of U.S. citizens are eligible to become lawful permanent residents of the United States. An immediate relative can be the spouse of a U.S. citizen, the unmarried child under 21 years of age of a U.S. citizen or the parent of a U.S. citizen. [17]
Citizenship and Naturalization
Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and Nationality Act (INA). [18]
B1 visas are available to individuals participating in business activities of a commercial or professional nature in the United States, including, but not limited to, consulting with business associates, traveling for a scientific, educational, professional or business convention, settling an estate, negotiating a contract, participating in short-term training, transitioning through the United States, or air crewman deadheading. [19]
References
- https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-1-treaty-traders
- https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-3-specialty-occupation-workers-from-australia
- https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1
- https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2
- https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
- https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fourth-preference-eb-4
- https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program
- https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors
- https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
- https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens
- https://www.uscis.gov/working-in-the-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager
- https://www.uscis.gov/working-in-the-united-states/temporary-workers/o-1-visa-individuals-with-extraordinary-ability-or-achievement
- https://www.uscis.gov/working-in-the-united-states/temporary-workers/r-1-nonimmigrant-religious-workers
- https://www.uscis.gov/working-in-the-united-states/temporary-workers/tn-nafta-professionals
- https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-vawa-self-petitioner
- https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen
- https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization
- https://www.uscis.gov/working-in-the-united-states/temporary-visitors-for-business/b-1-temporary-business-visitor