| |
IMMIGRANT VISAS
(PERMANENT RESIDENCE OR "GREEN CARD")
Immigrant visas grant permanent resident status (or a "Green Card") to foreign nationals. This allows foreign nationals to permanently reside and work in the United States, as well as to travel in and out of the U.S. Generally, when an foreign national obtains a green card, his or her accompanying spouse (wife or husband) and unmarried children under age 21 also obtain green cards. Depending on the way in which permanent residence was obtained, after three to five years, a person with permanent resident status may apply for citizenship, provided that they meet specific requirements.
- "Extraordinary" or "Exceptional" Ability
- Foreign nationals of exceptional or extraordinary ability in their particular field of work, outstanding professors or researchers, and members of professions holding an advanced degree may be eligible for a green card. These kinds of cases are very difficult however and require in-depth evaluation.
- Alien (Employment) Labor Certification
- This process allows a US employer to obtain a green card for their workers based on the unavailability of U.S. workers in the workforce. This requires recruitment for the offered position and approval by the Department of Labor for Labor Certification. After this approval, an immigrant petition may be filed by the employer on behalf of the employee.
- Investor Visa
- Qualified investors and their families may be eligible to enter the United States on this type of visa if they invest $500,000 to $1,000,000 in an existing or new business in the United States.
- Family-Based Sponsorship
- United States citizens may sponsor spouses, parents, children and siblings (brothers or sisters) for permanent residence. Green Card holders may sponsor only spouses or unmarried children.
- Religious Worker
- Religious ministers, priests and ordained religious persons may qualify for a green card through sponsorship by a congregation.
NON-IMMIGRANT (TEMPORARY) VISAS
- L-1 Intra-Company Transferee Visa
- This visa allows managers, executives or individuals with "highly-specialized knowledge", working for a company abroad, to be transferred to that company's U.S. branch or affiliate. One can then apply for legal permanent residence while in the United States.
- E-1/E-2 Treaty Trader/Treaty Investor Visa
The treaty trader and treaty investor visa have very specific requirements that allow certain persons and their families to enter the United States for trading or investment activity. The applicant must be a national of a country having a particular treaty with the United States. That person must also be making a substantial investment in a company in the U.S. or carrying on regular trade with the U.S. The applicant must also be the principal investor or hold key employee status in the company. The duration of the visa and extensions depend on the viability of the business as well as other factors.
- H-1B Specialty Occupation Visa
- To qualify for an H-1B visa, a foreign national must have a U.S. bachelor's degree (or its equivalent) or substantial professional work experience. This category requires that an employer sponsors the worker for a visa. The visa is generally valid for 3 years and can be extended for an additional 3 years, for a total of 6 years. Examples of persons that may qualify for this visa include engineers, licensed doctors, architects, scientists, dentists, lawyers, etc. This visa allows persons to apply for legal permanent residence in the United States.
- TN Visa
- The TN visa is provided for by NAFTA and is available only to Canadian and Mexican nationals. This visa is very similar to the H1B visa, is valid for one year and can be renewed indefinitely.
- F-1 Student Visa
- This visa allows foreign nationals to attend certain U.S. colleges or universities in the United States.
- O Extraordinary Ability Visa
- Foreign nationals who can demonstrate "extraordinary ability" in the arts, sciences, education, business or athletics may qualify for this kind of visa.
- B-1 Business Visitors
- This visa is used for individuals who are coming to the United States to visit for specific business-related reasons.
- B-2 Tourist Visa
- The tourist visa allows foreign nationals to travel to the United States for a temporary period of time.
- K-1 Fiancé/Fiancée Visa
- This visa is available to persons who are planning to marry a U.S. citizen, but are currently outside of the United States. Persons who are granted the K1 Fiance visa must get married within 90 days of entering the US. After getting married, they must then go through the process of obtaining legal permanent residence.
|
|