TEMPORARY
VISAS:
B-1/B-2 Visitor's Visas Available
for visits to the U.S. for business or pleasure. B-1/B-2
business visitor visas are for a short duration and
must not involve local employment. Nationals of certain
countries may be eligible to visit the U.S. for up to
90 days without obtaining a visa in a category commonly
referred to as a Visa Waiver.
E-1/E-2 Treaty Trader and Investor Visas
Investors and traders and their employees may receive
visas to carry on their businesses in the U.S. if their
home country has a commercial treaty with the U.S. conferring
visa eligibility.
F-1 and M-1 Student Visas
Persons seeking to pursue a full course of
study at a school in the United States may be eligible
for a visa for the course of their study plus, in some
cases, a period for practical training in their field
of study.
H-1B Specialty Occupation (Professionals)
Visas
Professional workers with at least a bachelor's
degree (or its equivalent work experience) may be eligible
for a non-immigrant visa if their employers can demonstrate
that they are to be paid at least the prevailing wage
for the position. Although considered a temporary visa,
it is possible to later convert an H-1B Visa to a permanent
visa (green card) if certain conditions exist.
J-1 and Q-1 Exchange Visitor Visas
Persons coming to the U.S. in an approved
exchange program may be eligible for the J-1 Exchange
Visitor's visa. J-1 programs often cover students, short-term
scholars, business trainees, teachers, professors and
research scholars, specialists, international visitors,
government visitors, camp counselors and au pairs. In
some cases, participation in a J-1 program will be coupled
with the requirement that the beneficiary spend at least
two years outside of the U.S. before being permitted
to switch to a different non-immigrant visa or to permanent
residency. A complex application process exists for
seeking a waiver to the home residency requirement that
applies to many J-1 visa holders.
K-1 Fiancee Visas
A Fiance(e) of a U.S. citizen is eligible for a non-immigrant
visa allowing them to enter the U.S. on the condition
they are married within 90 days. Thereafter, the non-immigrant
can apply for a permanent visa (green card).
L-1 Intracompany Transfer Visas
L-1 visas are available to executives, managers and
specialized knowledge employees transferring to their
employer's U.S. subsidiary or affiliate. Executives
and those employees in a managerial capacity may later
be eligible for permanent residency without the need
for a labor certification.
O-1 Extraordinary Ability Worker Visas
The O-1 category is set aside for foreign nationals
with extraordinary ability. Typically, this category
is reserved for entertainers, athletes, scientists,
and businessmen.
P-1 Artists and Athletes Visas
This category is reserved primarily for athletes, artists
and entertainers.
R-1 Religious Worker Visas
Certain religious employees and clergy may be eligible
for an
R-1 visa.
TN Status Under the North American Free
Trade Agreement
A special category has been set up for
nationals of Canada and Mexico under the provisions
of the North American Free Trade Agreement.
PERMANENT RESIDENCY
VISAS ("Green Cards"):
Family Sponsored Immigration
U.S. citizens may petition for spouses,
parents, children and siblings. Permanent residents
may petition for spouses and children.
EB-1 Foreign Nationals of Extraordinary
Ability, Outstanding Professors and Researchers and
Multinational Executives and Managers
A special category for coveted individuals
that permit application for permanent residency without
having to go through the time consuming labor certification
process.
EB-2 Workers with Advanced Degrees or Exceptional
Ability in the Sciences, Arts or Business
This category requires one to have a job
offer and the potential employer must complete the labor
certification process. The labor certification involves
a testing of the job market to demonstrate that the
potential visa holder is not taking a job away from
a U.S. worker. In cases where an individual can show
that his entry is in the national interest, the job
offer and labor certification requirements can be waived.
EB-3 Skilled Workers and Professionals
Visa holders in this category normally
must have a job offer and the potential employer must
complete the labor certification process.
EB-4 Special Immigrant Visas for Religious
Workers
Ministers of religion are eligible for permanent residency.
EB-5 Investor/Employment Creation Visas
Under the 1990 Immigration Act, Congress
has set aside up a limited number of visas per year
for foreign alien investors who must invest a considerable
sum of money, sometimes less in impoverished geographic
locations, the goal of which is to create jobs in the
U.S. individuals.
DV-1 Visas (the "Green Card Lottery")
This is referred to as the diversified
visa lottery. The INS sets aside a limited number of
visas per year available in a random drawing to individuals
from nations underrepresented in the total immigrant
pool.
Refugee and Asylum Applications
This category is reserved for those with
a well documented risk and fear of persecution on the
basis of race, religion, nationality, membership in
a particular social group, or political opinion. Asylum
applications are generally difficult to obtain and the
alien’s country of origin is a very important
consideration in obtaining approval of asylum status. |