Friday, June 28, 2019

Family Based Immigration - Immediate Family

Hey everyone, as promised I am now going to go into more detail on each of the individual visas that you can apply for when applying for a family-based visa. As the title suggests, we will be focusing on immediate family members. I hope this information helps.

The first thing to realize about immediate family visas, is that these visas are unlimited. This means that as long as you qualify, you will not need to worry about a cap on your visa, like you have to in most other visa categories. These visa types are based on a close family relationship with a United States citizen described as an Immediate Relative (IR).  Immediate relative visa types include:
  • IR-1: Spouse of a U.S. Citizen 
  • IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
  • IR-3: Orphan adopted abroad by a U.S. Citizen 
  • IR-4: Orphan to be adopted in the U.S. by a U.S. citizen 
  • IR-5: Parent of a U.S. Citizen who is at least 21 years old
If you fall into one of these categories, as long as you do not have anything else that makes you ineligible according to USCIS, you are almost guaranteed a visa. That is the good news, the bad news is that if you are ineligible (and especially true if you are in the United States undocumented) and you don't qualify for a Waiver, then you will be denied and placed in deportation proceedings, where you could possibly be barred from entering the country for 10 years. That is the bad news and hopefully that does not apply to you.

That is really all the information that you would need to know, but I thought that I would provide checklist for IR-1 above, so that you would know what forms and what documents you would need to provide. So for your information no matter what Immediate Relative category you fit in, the forms will be the same, but the documents will change depending on the category you fit in. If you have questions concerning this, please contact me. Also, Petitioner is the U.S. Citizen and Beneficiary is the Immigrant.


I-130 (To be filled out by Petitioner and Beneficiary)  
  • Filing Fee: $535
  • Petitioner’s Birth Certificate
  • Marriage Certificate
  • If married before, documents showing that prior marriage is legally terminated
  • 2 passport photos of each of you
  • Documents showing marriage: Documentation showing joint owner, joint bank accounts, wedding pictures, bills addressed to both of you, mail address to both of you etc.
I-130A (To be filled out by Beneficiary) 

I-485 (To be filled out by Petitioner and Beneficiary)  
  • Filing Fee: $1,225.00
  • 2 passport photos of each of you
  • Any of Beneficiary’s government-issued identifications
  • Beneficiary’s Birth Certificate
  • Beneficiary’s I-94 Form
  • All of Beneficiary’s Immigration information
  • Marriage Certificate
  • Documents showing marriage (Same as above)
  • Beneficiary’s fingerprints
I-693 (To be filled out by Doctor, must be in sealed envelope) 

I-864 (To be filled out by Petitioner)  
  • Tax Returns for previous tax year
  • Recent pay stub (at least 6 months)
  • All Bank account information
  • Any other forms of income you may have
I-765 (To be filled out by Benificiary)  
  • Filing fee: $410.00
  • Two Passport-type photos (Just for Beneficiary)
  • A Copy of Beneficiary’s Government-Issued Identifications
  • A Copy of I-94 Form
  • A Copy of all Immigration Information
Well that is everything. I hope this has been beneficial to you. If you know anyone who needs this information, please share. If you or anyone you know has any questions, please contact me. I am happy to help. 

Friday, June 21, 2019

Employment-Based Immigration - Overview

Hey everyone, here is a quick overview of Employment-based immigration. It is just another way to
enter the United State legally. This one is a little different because there are so many categories that one can fit into and are not as defined as they are in the family-based immigration. This is just an overview, so I hope to be able to go into more detail in another post.
Every fiscal year (October 1st – September 30th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law. Employment based immigrant visas are divided into five preference categories. Certain spouses and children may accompany or follow-to-join employment-based immigrants.

1. Labor Certification and Filing a Petition

To be considered for an immigrant visa under some of the employment-based categories, the immigrant's prospective employer must first obtain a labor certificate from the Department of Labor Once the Labor Certificate is obtained, the employer then files an I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category. 

CATEGORIES

Employment First Preference (E1)

There are three sub-groups within this category:
  1. Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. Such applicants do not have to have specific job offers, so long as they are entering the U.S. to continue work in the fields in which they have extraordinary ability. Such applicants can file their own I-140 with no labor certificate necessary.
  2. Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education. 
  3. Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity. 

Employment Second Preference (E2)

Professionals Holding Advanced Degrees and Persons of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference category.

There are two subgroups within this category:
  1. Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
  2. Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

Employment Third Preference (E3)

Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.

There are three subgroups within this category:
  1. Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
  2. Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
  3. Unskilled workers (Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

Employment Fourth Preference (E4)

A Fourth Preference applicant must be the beneficiary of an approved I-360, with the exception of Certain Employees or Former Employees of the U.S. Government Abroad. Labor certification is not required for any of the Certain Special Immigrants subgroups. Special Immigrants receive 7.1 percent of the yearly worldwide limit of employment-based immigrant visas.

There are many subgroups within this category:
  1. Broadcasters in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization
  2. Ministers of Religion
  3. Certain Employees or Former Employees of the U.S. Government Abroad - Must use DS-1884.
  4. Certain Former Employees of the Panama Canal Company or Canal Zone Government
  5. Certain Former Employees of the U.S. Government in the Panama Canal Zone
  6. Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1st, 1979
  7. Iraqi and Afghan interpreters/translators who have worked directly with the United States armed forces or under Chief of Mission authority as a translator/interpreter for a period of at least 12 months and meet requirements. This classification has an annual numeric limitation of 50 visas. 
  8. Iraqi and Afghan nationals who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq for not less than one year on or after March 20th, 2003 and prior to September 30, 2013, or in Afghanistan for not less than one year after October 7th, 2001, and have experienced an ongoing serious threat as a consequence of that employment. 
  9. Certain Foreign Medical Graduates 
  10. Certain Retired International Organization Employees
  11. Certain Unmarried Sons and Daughters of International Organization Employees
  12. Certain Surviving Spouses of deceased International Organization Employees
  13. Special Immigrant Juveniles 
  14. Persons Recruited Outside of the United States Who Have Served or are Enlisted to Serve in the U.S. Armed Forces
  15. Certain retired NATO-6 civilians
  16. Certain Unmarried Sons and Daughters of NATO-6 civilians
  17. Certain Surviving Spouses of deceased NATO-6 civilian employees
  18. Persons who are beneficiaries of petitions or labor certification applications filed prior to September 11th, 2001, if the petition or application was rendered void due to a terrorist act on September 11th, 2001
  19. Certain Religious Workers

Employment Fifth Preference (E5)

Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation.


Like I said before, this is just a brief overview. I do plan on going into more details in a later post. But for now, you at leave a have an idea of who qualifies for which Employment Visas. Once again, if you have any questions or concerns, please feel free to contact me and ask me questions. I am more than happy to help!! 

Friday, May 24, 2019

Family-Based Immigration - Overview

Hey everyone, sorry I haven't posted in a long time. I got so caught up with work and home life that I had to put this to the side for a while, but I am here now so hopefully this will help those that need it. This will be my first post about Family-Based Immigration. Family-Based Immigration is just one of the ways that people can come to the United States legally and probably the most widely-known and most-used. With that said, those that have gone through the process it is not easy and never a guarantee.

Overview - Family-Based Immigrant Visas

Two groups of family based immigrant visa categories, including immediate relatives and family preference categories, are provided under the provisions of United States immigration law, specifically the Immigration and Nationality Act.

Immediate Relative Immigrant Visas (Unlimited): These visa types are based on a close family relationship with a United States citizen described as an Immediate Relative (IR). The number of immigrants in these categories is not limited. Immediate relative visa types include:
  • IR-1: Spouse of a U.S. Citizen 
  • IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
  • IR-3: Orphan adopted abroad by a U.S. Citizen 
  • IR-4: Orphan to be adopted in the U.S. by a U.S. citizen 
  • IR-5: Parent of a U.S. Citizen who is at least 21 years old
Family Preference Immigrant Visas (Limited): These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category. The family preference categories are:
  • Family First Preference: Unmarried sons and daughters of U.S. citizens, and their minor children, if any. (23,400)
  • Family Second Preference: Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)
  • Family Third Preference: Married sons and daughters of U.S. citizens, and their spouses and minor children. (23,400)
  • Family Fourth Preference: Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age. (65,000)
Note: Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration.

Numerical Limitations for Limited Family-Based Preference Categories
Whenever the number of qualified applicants for a category exceeds the available immigrant visas, there will be an immigration wait. In this situation, the available immigrant visas will be issued in the chronological order in which the petitions were filed using their priority date. The filing date of a petition becomes what is called the applicant's priority. Immigrant visas cannot be issued until an applicant's priority date is reached. In certain categories with many approved petitions compared to available visas, there may be a waiting period of several years, or more, before a priority date is reached. You can check the Visa Bulletin for the latest priority dates.

This is just a quick overview of Family-Based Immigration. My goal is go more in depth and answer some of your questions. I hope this was all beneficial for you. Once again, if you have any more questions, please ask. I am more than willing to help. 

Thursday, July 5, 2018

Student Visas

Hey everyone, here is my next post, which will focus on Student Visas. Now, something that most
people do not know, is that there are 3 different student visas that one can apply for: the F-1, J-1, and M-1. This post will detail what each visa entails as well as other information you may need to know. Once again, if you have any questions after reading this, please contact me, I am happy to help.

F-1 VISA

The F-1 Student Visa is probably the most well-known student visa. The "F" visa is for academic studies. An F-1 visa is issued to students who are attending an academic program or English Language Program. F-1 students must maintain the minimum course load for full-time student status. F-1 status allows for part-time, on-campus employment (fewer than 20 hours per week). Additionally, students can work on optional practical training (OPT) for up to one year after completion of their academic program. Students are expected to complete their studies by the expiration date on the I-20 form (Certificate of Eligibility for Nonimmigrant Student Status). In order to qualify for an F-1 visa, you must prove:


  1. Foreign Residence
    1. F-1 applicants must have a foreign residence and must intend to return there upon the completion of theirstudies.
  2. Sponsoring Institution
    1. While on your F-1 visa, you may only study at the academic institution through which the visa was granted.
  3. Financial Support
    1. Applicants must demonstrate sufficient financial support. Basically the US just wants to know that you will not be needing government assistance
  4. Ties to Home Country
    1. All applicants must demonstrate that they have strong ties to their home country. 
    2. Strong ties consist of, but are not limited to, the following:
      1. A job offer letter upon completion of studies
      2. Assets (i.e., house, land, vehicle, etc.)
      3. Bank accounts
      4. Family
After you have submitted your application, you will then need to complete a F-1 Student Interview. Some questions, that may come up in the interview may include:
  • Why did you choose to study in the US instead of joining the workforce in your home country?
  • Why did you choose this school and why is it the best school for you?
  • What are your test scores ( GRE, GMAT, SAT, TOEFL, IELTS ), your GPA, and your overall performance as a student in the past?
  • How are you funding the entire duration of your education, including tuition, room and board, transportation, and all other expenses?
  • After you graduate, will you return home or will you stay in the United States?
J-1 VISA

The J-1 Student Visa is issued to students who need to obtain practical training that is not available in their home country to complete their academic program. J-1 student status allows for similar employment as the F-1 visa, with similar restrictions, as long as permission is given by the exchange visitor program sponsor. The J-1 visa in the United States is for people who wish to take part in work-and-study-based exchange and visitor programs in the U.S. These programs are sponsored by an educational or other nonprofit institution, which must be accredited through the Exchange Visitor Program designated by the U.S. State Department. J-1 exchange visitors come to the United States to teach, study, receive training, or demonstrate special skills. 

In order to get a J-1 visa, the applicant must fit into one of the many categories that the J-1 requires. Each category has its own requirements. In order to see if you meet these requirements and/or categories, please visit here.

M-1 VISA

The M-1 Student Visa is issued to a student who is going to attend a non-academic or vocational school. M-1 visa holders for technical and vocational programs are not permitted to work during the course of their studies. The M-1 student visa applicants must have evidence that sufficient funds are immediately available to pay all tuition and living costs for the entire period of intended stay. 

In order qualify for an M-1 visa you cannot enter to just study "generally"; your program must have a goal and you must be involved in a "full course of study". A full course of study means study in a community or junior college, with at least 12 semester or quarter hours. It must be in a school where anyone attending for at least 12 semester or quarter hours is charged full tuition, or considered full-time. The only exception is where you need a smaller course-load to complete your course of study. It can also mean study at a post secondary vocational or business school which grants Associate or other degrees. Alternatively, if a school can demonstrate that its credits are, or have been, accepted unconditionally by at least 3 institutions of higher learning it can qualify. If that is not possible, study in a vocational or nonacademic curriculum, certified by a designated school office (DSO) to require at least 18 hours of weekly attendance or at least 22 clock hours a week (if most of your studies are in a shop or lab). If that is not possible, the last option is study in a vocational or nonacademic high school curriculum which is certified by a DSO to require class attendance for not less than the minimum required for normal progress towards graduation.

Well I hope this was all beneficial for you. Once again, if you have any more questions, please ask. I am more than willing to help. I hope this helps!!

Friday, June 22, 2018

H2-Visas

Hey everyone, so like I mentioned in my last post, this next post will finish up all the Nonimmigrant
Visas by detailing the much discussed (especially during President's Trump's presidential campaign) the H2-Visas. These are temporary work visas for those coming to work just a certain job for a shortened amount of time. These are sometimes known as seasonal work visas, but these are so much more. In addition, most people only know of the H-2B visas, but there are also H-2A visas as well. One thing that is important to understand though is that the only way to get these visas as well as any other Employment visa is for a US employer to file the petition for you as well as file a Labor Certification. With that said, the US employer is known as the Petitioner. I will go into more detail on this in a different post. So, I hope this information can help you. Let's get started.

H-2A VISAS

The H-2A is also known as the Temporary Agricultural Workers visa. In order for the Petitioner to qualify for H-2A classification, the petitioner must:

  • Offer a job that is of a temporary or seasonal nature.
  • Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
  • Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • Generally, submit a single valid temporary labor certification from the U.S. Department of Labor with the H-2A petition. 
After the Petitioner is qualified, the process to get a H-2A visa goes something like this 
  • Step 1: Petitioner submits temporary labor certification application to the U.S. Department of Labor (DOL).  Before requesting H-2A classification from USCIS, the petitioner must apply for and receive a temporary labor certification for H-2A workers from DOL. For further information regarding the temporary labor certification requirements and process, see the Foreign Labor Certification, Department of Labor Web page.
  • Step 2:  Petitioner submits Form I-129 to USCIS.  After receiving a temporary labor certification for H-2A employment from DOL, the petitioner must file Form I-129 with USCIS. With limited exceptions, the petitioner must submit original temporary labor certification as initial evidence with Form I-129.  (See the instructions to Form I-129 for additional filing requirements.)
  • Step 3: Prospective workers outside the United States apply for visa and/or admission.  After USCIS approves Form I-129, prospective H-2A workers who are outside the United States must:
    • Apply for an H-2A visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad and then seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or
    • Directly seek admission to the United States in H-2A classification with CBP at a U.S. port of entry, if a worker does not require a visa in cases where an H-2A visa is not required.
One thing that is important for both employers and foreign nationals to know is that there are only certain countries whose citizens are allowed to apply for the H-2A visa. For a complete list of those countries see here. In addition, the visa only lasts for as long as the Labor Certification is valid for, with the maximum stay is 3 years. However, after those 3 years if the foreign national returns to their country for an uninterrupted period of 3 months, the foreign national can once again apply for a H-2A visa. In addition, the foreign nationals family can come and stay in the US with the foreign national through a H-4 visa. However, they will not be eligible for employment.

Finally, there are requirements that the Petitioner has to follow while the foreign national is working or else they will be fined and it could affect the foreign national's visa. This requirement is reporting to USCIS within 2 workdays of any of the following occurring:
  • No Show: The H-2A worker fails to report to work within 5 work days of the latter of:
    • The employment start date on the H-2A petition, or
    • The start date established by the employer;
  • Abscondment: The H-2A worker leaves without notice and fails to report for work for 5 consecutive workdays without the consent of the employer;
  • Termination: The H-2A worker is terminated before completing of  the H-2A labor or services for which he or she was hired; or
  • Early Completion: The H-2A worker finishes the labor or services for which he or she was hired more than 30 days earlier than the date specified in the H-2A petition.
Petitioners must include the following information on the employment-related notification:
  • The reason for the notification (for example, explain that the worker was either a “no show,” “absconder,” “termination,” or “early completion”);
  • The reason for untimely notification and evidence for good cause, if applicable;
  • The USCIS receipt number of the approved H-2A petition;
  • The petitioner’s information, including:
    • Name
    • Address
    • Phone number
    • Employer identification number (EIN)
  • The employer’s information (if different from that of the petitioner):
    • Name
    • Address
    • Phone number
  • The H-2A worker’s information:
    • Full Name
    • Date of birth
    • Place of birth
    • Last known physical address and phone number
Additionally, to help USCIS identify the H-2A worker, submit the following for each H-2A worker, if available:
  • Social Security number
  • Visa number
H-2B VISAS

This visa is also known as the Temporary Non-Agricultural Workers visa. In order to become qualified as a H-2B classification, the Petitioner must establish that:
  • There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
  • Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.  The employer’s need is considered temporary if it is a(n):
    • One-time occurrence – A petitioner claiming a one-time occurrence must show that it has:
      • An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
      • Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future;
                                     OR
    • Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:
      • Traditionally tied to a season of the year by an event or pattern; and
      • Of a recurring nature.
      • Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is:
        • Unpredictable;
        • Subject to change; or
        • Considered a vacation period for your permanent employees.
                                   OR
    • Peakload need – A petitioner claiming a peakload need must show that it:
      • Regularly employs permanent workers to perform the services or labor at the place of employment;
      • Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and
      • The temporary additions to staff will not become part of the employer's regular operation.
                                 OR
    • Intermittent need – A petitioner claiming an intermittent need must show that it:
      • Has not employed permanent or full-time workers to perform the services or labor; and
      • Occasionally or intermittently needs temporary workers to perform services or labor for short periods.
  • H-2B petitioners must also provide a single valid temporary labor certification from the U.S. Department of Labor (DOL), or, if the workers will be employed on Guam, from the Guam Department of Labor (Guam DOL).
With that said, one thing that everyone must know is that H-2B visas are very hard to get because there is a numerical cap to these visas. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 - March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be available for employers seeking to hire H-2B workers during the second half of the fiscal year. However, unused H-2B numbers from one fiscal year do not carry over into the next. These visas go fast and usually run out the first day. So, if you are thinking about applying for this visa, please make sure you are apply first and ahead of the due date. In addition, if you do choose to apply for this visa, the process goes as follows:
  • Step 1: Petitioner submits temporary labor certification application to DOL.  Before requesting H-2B classification from USCIS, the petitioner must apply for and receive a temporary labor certification for H-2B workers with the U.S. Department of Labor (or Guam DOL if the employment will be in Guam).*  For further information regarding the temporary labor certification application requirements and process, see the Foreign Labor Certification, Department of Labor and Foreign Labor Certification, Guam Department of Labor  Web pages.
  • Step 2: Petitioner submits Form I-129 to USCIS.  After receiving a temporary labor certification for H-2B employment from either DOL or Guam DOL (if applicable), the petitioner must file Form I-129 with USCIS. With limited exceptions, the petitioner must submit original temporary labor certification with Form I-129.  (See the instructions to Form I-129 for additional filing requirements.)
  • Step 3: Prospective workers outside the United States apply for visa and/or admission.  After USCIS approved  Form I-129, prospective H-2B workers who are outside the United States must:
    • Apply for an H-2B visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad and then seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or
    • Directly seek admission to the United States in H-2B classification with CBP at a U.S. port of entry in cases where an H-2B visa is not required.
Also, just like the H-2A visas, there is a country list that shows which foreign nationals are eligible for this visa. That country list can be found here. As for the period of stay, the worker's family, and the Petitioner's responsibilities, the rules are the exact same as the H-2A visas. So, see above.

Well that is about it. There is a lot of important information here. I hope that this helps out. This concludes all of the Nonimmigrant visas. My next few posts will be going into the Immigrant visas such as family-based and employment based. If you have any questions or concerns please contact me. Also, if you have family members or friends that may need this information, please send this to them. Enjoy!!

Thursday, June 14, 2018

Non Immigrant Visas

Hey everyone, so in my last post I mentioned that I would go into greater detail on all the ways visas
and opportunities available to those seeking entrance into the United States. This is post will dive into the Nonimmigrant visas. The Nonimmigrant visas are issued to foreign nationals seeking to enter the United States on a temporary basis for tourism, business, medical treatment and certain types of temporary work. The type of nonimmigrant visa needed is defined by immigration law, and related to the purpose of the travel. Generally, an individual applies directly to the U.S. consulate or embassy abroad for a tourist (B-2) or business nonimmigrant (B-1) visa. However, foreign nationals seeking to enter the United States to study or work may require certain authorization and documentation prior to applying for a nonimmigrant visa.

In addition, issuance of a visa does not guarantee entry to the United States. A visa simply indicates that a U.S. consular officer at an American embassy or consulate has reviewed the application and that officer has determined that the individual is eligible to enter the country for a specific purpose. The CBP Officer at the port-of-entry will conduct an inspection to determine if the individual is eligible for admission under U.S. immigration law.

With that said, lets go over some of these nonimmigrant visas. Once again, there is a lot of information, so if you have questions, please ask.

1. Athlete, amateur or professional (competing for prize money only) - There are 3 classes of foreign national athletes that can enter the U.S. using the B-1Visa for athletes—individual professional athletes, athletes or team members who are a part of a foreign based team and amateur hockey player.

  • Individual Professional Athletes who will not receive any salary, except prize money, can come to the US on the B-1 Visa to participate in a sporting event or competition.
  • Athletes or team members of a foreign-based team can come to the US on the B-1 visa provided:
    • the athlete and the team are principally based in a foreign country;
    • the foreign team and players’ income and salaries are principally earned in the foreign country; and 
    • the foreign-based sports team is part of an international league or the actual sporting events are international in nature.
  • Amateur Hockey Players may come to the U.S. on the B-1 visa if they are coming to the U.S. for try-outs during the professional season or during playoffs. The hockey player needs to be able to present a “memorandum of agreement” between himself and the National Hockey League. The US team can only play for round-trip airfare, room, board and transportation.
2. Au Pair (Exchange Visitor) - Au Pair in the United States has been designated as an Exchange Visitor Program. The J-1 visa permits Au Pair in America participants to reside legally in the United States for 12 months while caring for children in a program-approved host family. Au pairs and companions in good standing may apply for an extension of stay to continue participation in the program for an additional 6, 9 or 12 months. J-1 visa conditions state that the companion must meet their responsibilities to the host family, not accept paid employment beyond the hours and duties specified by the program, and return home at the end of her program participation. 

Providing child care for an American family beyond the 12-month or extended duration of stay is illegal. Participants who leave the program early and remain in the United States are in breach of visa regulations. The DHS allows J-1 visa holders to take an additional month at the conclusion of the exchange to travel in the United States. During that time, participants are free to travel within the United States independently of the program. They are not permitted to provide child care during their travel month in the United States.

3. Australian Professional Specialty - The E-3 visa is used for Australian nationals who work in a specialty occupation. A specialty occupation is defined as 
  • A theoretical and practical application of a body of 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.
There really isn't a lot of information about this visa and there is no defined list that one can turn to, but its an option.

4. Border Crossing Card - Mexico - The Border Crossing Card (BCC)* is acceptable as a stand-alone document (by itself) only for travel from Mexico by land, or by pleasure vessel or ferry. Together with a valid passport, though, it meets the documentary requirements for entry at all land, air, and sea ports of entry (to include travel from Canada).

5. Business Visitor - You may be eligible for a B-1 visa if you will be 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, or a conference on specific dates
  • Settling an estate
  • Negotiating a contract
  • Participating in short-term training
  • Transiting through the United States: certain persons may transit the United States with a B-1 visa
  • Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa
6. CNMI-Only Transitional Worker - The CNMI-Only Transitional Worker (CW-1) visa classification allows employers in the Commonwealth of the Northern Mariana Islands (CNMI) to apply for permission to employ foreign (nonimmigrant) workers who are otherwise ineligible to work under other nonimmigrant worker categories. The CW classification provides a method for transition from the former CNMI foreign worker permit system to the U.S. immigration system. 

On August 22, 2017, the CW-1 visa classification was revised with the enactment of the Northern Mariana Islands Economic Expansion Act. The permanent changes are:

  • CW-1 visas will generally no longer be available to workers who will be performing jobs classified as 47-0000 “construction and extraction occupations” in the U.S. Department of Labor’s Standard Occupational Classification (SOC) system. The CNMI Department of Labor will generally identify the SOC group on the required Job Vacancy Announcement (JVA). While USCIS will consider the job classification identified on the JVA, USCIS is not bound by this determination and may make a separate and independent judgment based on a preponderance of the evidence in each case.
  • USCIS will deny CW-1 petitions for construction and extraction occupations if the worker has not maintained continuous CW-1 status for the same employer since before October 1, 2015. This new limitation applies to CW petitions that are pending with USCIS as of August 22, 2017, as well as to any petitions filed in the future.
  • The education fee has increased from $150 to $200 per worker for petitions filed after August 22, 2017.
7. Crewmember - The Crewmember visa is for foreign nationals who wish to enter the United States as a passenger in order to join a vessel or aircraft.
  • D-1 Visas - For crewman serving aboard a vessel or aircraft in any capacity that will land in the U.S. to enter the U.S., except U.S. based fishing vessels. These people will be admitted to the U.S. for up to 29 days.
  • D-2 Visas - For crewman serving aboard a fishing vessel with a home port or base of operation in the U.S. and is only available if the fishing vessel is temporarily visiting Guam. These people may stay in the U.S. for a period of 6 months.
8. Diplomat or Foreign Government Official - Diplomats and other foreign government officials traveling to the United States to engage solely in official duties or activities on behalf of their national government must obtain A-1 or A-2 visas prior to entering the United States. They cannot travel using visitor visas or under the Visa Waiver Program. With the exception of a Head of State or Government -- who qualifies for an A visa regardless of the purpose of travel -- your position within your country’s government and your purpose of travel determine whether you need an A-1 or A-2 visa. Immediate family members of diplomats and government officials receive A-1 or A-2 visas, with few exceptions. Personal employees, attendants, or domestic workers for diplomats and government officials (holding a valid A-1 or A-2 visa) may be issued A-3 visas.

To qualify for an A-1 or A-2 visa, you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The specific duties or services that will be performed must be governmental in character or nature, as determined by the U.S. Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require the appropriate visas and do not qualify for A visas. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa.

9. Domestic Employer or Nanny – Must be Accompanying a foreign national employer - Domestic servants, such as nannies, butlers, gardeners etc., who are accompanying or following to join an employer in the U.S. can apply for a B-1 visa. There will be a note on the visa stating the purpose of travel. However, these people may not travel alone and must obtain a new visa to do so. 

10. Employee of a Designated International Organization or NATO - Diplomats, government officials, and employees who will work for international organizations in the United States need G visas.  Officials and employees of the North Atlantic Treaty Organization (NATO) who will work for NATO in the United States need NATO visas. 
  • G - Visas - To receive a G-1, G-2, G-3, or G-4 visa, you must be traveling to attend meetings at, visit, or work at a designated international organization.  If you are entitled to a G visa, under U.S. visa law, you must receive a G visa.  The exceptions to this rule are extremely limited.  International organization officials and employees requiring visas include:
    • G-1 - Permanent mission members of a recognized government to a designated international organization and their immediate family members
    • G-2 - Representatives of a recognized government traveling temporarily to the United States to attend meetings of a designated international organization and their immediate family members
    • G-3 - Representatives of non-recognized or non-member governments and their immediate family members
    • G-4 - Individuals coming to the United States to take up an appointment at a designated international organization, including the United Nations, and their immediate family members
    • G-5 – May be issued to personal employees or domestic workers of a G-1 – 4 visa holders. Select Personal Employees  to learn more.
  • NATO - To receive a NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6 visa, you must be traveling to the United States under the applicable provision of the Agreement on the Status of the North Atlantic Treaty Organization or the Protocol on the Status of International Military Headquarters Set Up Pursuant to the North Atlantic Treaty.  This includes national representatives, international staff, and immediate family members.  Personal employees or domestic workers of a NATO-1 – 6 visa holder may be issued NATO-7 visas.
11. Foreign National with Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics - The O-1 nonimmigrant 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. The O nonimmigrant classification is commonly referred to as:
  • O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
  • O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
  • O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.  For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1
  • O-3: individuals who are the spouse or children of O-1’s and O-2’s
12. Free Trade Agreement (FTA) Professional: Chile, Singapore - The Chile and Singapore Free Trade Agreements contain provisions allowing the temporary entry of business professionals into the other party, to facilitate trade in services.

13. International Cultural Exchange Visitor - You may be eligible for a Q-1 nonimmigrant visa if you are seeking to participate in an international cultural exchange program. The Q nonimmigrant exchange program is for the purpose of providing practical training and employment, and to share the history, culture, and traditions of your home country with the United States.

14. Intra-Company Transferee - To qualify for L-1 classification in this category, the employer must:

  • Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
  • Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade.
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

To qualify, the named employee must also:

  • Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
  • Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight. 

Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.  It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.  See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions.

15. Medical Treatment Visitor - In order to qualify for a B-2 visa for the purposes of treatment by a U.S. physician, you will need to show U.S. immigration authorities that you plan to make a brief and temporary visit to the U.S. for necessary medical attention that is unavailable in your home country. You will need to provide evidence that you:
  • are traveling to the U.S. solely to receive medical treatment
  • plan to stay for a temporary and specified period of time that is corroborated by a letter from your treating physician
  • have a permanent residence outside the United States as well as other binding ties (such as family and a permanent job) that will demonstrate that you intend to return home
  • have a valid, unexpired passport enabling to you to return to your home country at the end of your visit
  • have the financial means to pay for your travel and personal expenses during your U.S. stay, and
  • have the financial means to pay for the costs of your medical treatment.
You will also need to have letters of recommendation from your doctor in your home country as well as from the doctor who will be treating you in the United States.

16. Media, Journalist - The I visa is for all journalists and other media workers who go to the U.S with the purpose of doing jobs related to the media. This means that they are actively engaged in collecting and disseminating information on current news events in the U.S. However, they must be employed in a media company or organization which is based outside the U.S. So the organization must be foreign, and the media workers cannot get an I visa to work for a U.S company. Most media related jobs qualify for the I visa; however, to make it more specific, the U.S has defined who can get this visa, such as:
  • A person who works in an independent production company with foreign journalistic credentials. This person must be filming events related to current news or a documentary.
  • A person who is producing or distributing film which is related to current news information or is educational. The film must be financed by a company outside the U.S.
  • Journalists with a contract from a foreign media or journalistic company. These journalists must be collecting news that are used to inform and not for commercial purposes.
  • Journalists going to the U.S to collect news information about an event happening in the U.S. The news information must be targeted to a foreign audience.
  • A representative of a bureau of tourism who has valid accreditation. The representative’s company must be partially funded by a foreign government, and the purpose of the visit must be to collect touristic information about the U.S.
  • A person who works in a company which distributes technical industrial information. This person can then work in the U.S offices of that company.
  • Journalistic freelancers who have a valid work contract from a foreign media company. The freelancer must be engaged in any of the above mentioned work, provided that they work to collect and disseminate information.
17. NAFTA Professional Worker: Mexico, Canada - 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. This visa will last for up to 3 years. You may be eligible for TN nonimmigrant status, if:
  • You are a citizen of Canada or Mexico;
  • Your profession qualifies under the regulations;
  • The position in the United States requires a NAFTA professional;
  • You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment - see documentation required below); and
  • You have the qualifications to practice in the profession in question.
18. Performing Athlete, Artist, Entertainer - This is for those that are coming to the United States temporarily to perform in athletics or entertainment
  • P-1 Visa - Internationally recognized athlete or a member of an internationally recognized entertainment group.
  • P-2 Visa - Artists or Performers coming to perform under a reciprocal exchange program.
  • P-3 Visa - Artists and entertainers coming solely to perform, teach, or coach under a culturally unique program.
19. Physician - Foreign physicians must:
  • Have adequate prior education and training to participate satisfactorily in the program for which they are coming to the United States;
  • Be able to adapt to the educational and cultural environment in which they will be receiving their education and training;
  • Have the background, needs and experiences suitable to the program;
  • Have competency in oral and written English;
  • Have passed either Parts I and II of the National Board of Medical Examiners Examination, the Foreign Medical Graduate Examination, Step I and Step II, or the Visa Qualifying Examination (VQE) prepared by the National Board of Medical Examiners, administered by the Educational Commission for Foreign Medical Graduates;
  • Provide a statement of need from the government of the country of their nationality or last legal permanent residence. Providing written assurance to the Secretary of Health and Human Services that there is a need in that country for persons with the skills the alien physician seeks to acquire and the alien physician has filed a written assurance with the government of this country that he/she will return upon completion of the training; and
  • An agreement or contract from a U.S. accredited medical school, an affiliated hospital or a scientific institution to provide the accredited graduate medical education, signed by the alien physician and the official responsible for the training. 
20. Religious Worker - To qualify as a special immigrant religious worker, the foreign national must:
  • Have been a member of a religious denomination that has a bona fide non-profit religious organization in the United States for at least 2 years immediately \before the filing of a petition for this status with USCIS.
  • Seek to enter the United States to work in a full time, compensated position in one of the following occupations:
    • Solely as a minister of that religious denomination;
    • A religious vocation either in a professional or nonprofessional capacity;
    • A religious occupation either in a professional or nonprofessional capacity; or
    • A bona fide non-profit religious organization in the United States.
  • Be coming to work for either:
    • A bona fide non-profit religious organization in the United States; or
    • A bona fide organization that is affiliated with the religious denomination in the United States.
  • Have been working in one of the positions described above after the age of 14, either abroad or in the United States, continuously for at least 2 years immediately before the filing of a petition with USCIS. The prior religious work need not correspond precisely to the type of work to be performed. A break in the continuity of the work during the preceding two years will not affect eligibility so long as:
    • The foreign national was still employed as a religious worker;
    • The break did not exceed two years; and
    • The nature of the break was for further religious training or for sabbatical. However, the foreign national must have been a member of the petitioner’s denomination throughout the two years of qualifying employment.
21. Specialty Occupations in Fields Requiring Highly Specialized Knowledge - The job must meet one of the following criteria to qualify as a specialty occupation:

  • Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
  • The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
  • The employer normally requires a degree or its equivalent for the position
  • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:

  • Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or universityHold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
  • Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
  • Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
22. Student: Academic, Vocational - TO BE DISCUSSED IN ITS OWN POST!!!

23. Temporary Agricultural Worker - TO BE DISCUSSED IN A POST RELATED TO H2-VISAS

24. Temporary Worker Performing Other Services or Labor of a Temporary or Seasonal Nature - TO BE DISCUSSED IN A POST RELATED TO H2-VISAS

25. Tourism, Vacation, Pleasure Visitor - You will need to prove to the U.S. immigration authorities that you:

  • are coming to the U.S. solely for pleasure, and not for other reasons (such as to work or to stay permanently)
  • plan to stay for a limited, specific period of time – and definitely not permanently
  • have a residence (a place to call home) outside the U.S. as well as other binding ties that will assure your return home after your visit
  • have permission to enter a foreign country (probably your own) at the end of your U.S. stay, and
  • have the financial means to pay for your visit to and departure from the United States.

Although you will have an in-person interview with a U.S. consular official, your word alone will not be enough to assure the official that you are eligible. For all of the items on the list above, you will need to show documentary proof. This is very similar to a Medical Treatment visitor.

26. Training in a Program Not Primarily for Employment - This visa is for temporary workers invited by an individual or organization for purposes of receiving instruction and training other than to receive graduate medical education or training. The training program must be one "that is not designed primarily to provide productive employment." An H-3 visa may be issued for periods up to three years.

27. Treaty Trader/Treaty Investor - Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. For a list of participating countries, select Treaty Countries. You must be coming to the United States to:

  • engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country; or
  • develop and direct the operations of an enterprise in which you have invested a substantial amount of capital.
28. Transiting the United States - Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Transit (C) visas are nonimmigrant visas for persons traveling in immediate and continuous transit through the United States en route to another country, with few exceptions. Immediate and continuous transit is defined as a reasonably expeditious departure of the traveler in the normal course of travel as the elements permit and assumes a prearranged itinerary without any unreasonable layover privileges. If the traveler seeks layover privileges for purposes other than for transit through the United States, such as to visit friends or engage in sightseeing, the traveler will have to qualify for the type of visa required for that purpose.

29. Victim of Criminal Activity - The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes. The crimes that this visa cover include:

  • Abduction
  • Abusive Sexual Contact
  • Blackmail
  • Domestic Violence
  • Extortion
  • False Imprisonment
  • Female Genital Mutilation
  • Felonious Assault
  • Fraud in Foreign Labor Contracting
  • Hostage
  • Incest
  • Involuntary Servitude
  • Kidnapping
  • Manslaughter
  • Murder
  • Obstruction of Justice
  • Peonage
  • Perjury
  • Prostitution
  • Rape
  • Sexual Assault
  • Sexual Exploitation
  • Slave Trade
  • Stalking
  • Torture
  • Trafficking
  • Witness Tampering
  • Unlawful Criminal Restraint
  • Other Related Crimes*†
    • *Includes any similar activity where the elements of the crime are substantially similar.
    • †Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.
30. Victim of Human Trafficking - T nonimmigrant status is a temporary immigration benefit that enables certain victims of a severe form of human trafficking to remain in the United States for up to 4 years if they have assisted law enforcement in an investigation or prosecution of human trafficking. T nonimmigrant status is also available for certain qualifying family members of trafficking victims. T nonimmigrants are eligible for employment authorization and certain federal and state benefits and services. T nonimmigrants who qualify may also be able to adjust their status and become lawful permanent residents (obtain a Green Card).

Congress created this status (commonly referred to as a T visa) in October 2000 as part of the Victims of Trafficking and Violence Protection Act. Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers use force, fraud, or coercion to compel individuals to provide labor or services, including commercial sex. Traffickers often take advantage of vulnerable individuals, including those lacking lawful immigration status. T visas offer protection to victims and strengthen the ability of law enforcement agencies to investigate and prosecute human trafficking .

Under federal law, a “severe form of trafficking” is:
  • Sex trafficking: When someone recruits, harbors, transports, provides, solicits, patronizes, or obtains a person for the purpose of a commercial sex act, where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age; or
  • Labor trafficking: When someone recruits, harbors, transports, provides, or obtains a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.
31. Nonimmigrant (V) Visa for Spouse and Children of Lawful Permanent Resident (LPR) - The Legal Immigration Family Equity Act (LIFE Act), enacted on December 21, 2000, created a nonimmigrant visa category, the V visa, with specific provisions for certain spouses and children of U.S. lawful permanent residents (LPRs).  The purpose of the LIFE Act was to reunite families who had been or could be separated for long periods during the process of immigrating to the United States.  V visas, therefore, allowed these family members to be in the United States with their LPR spouses and parents while waiting to complete the immigration process.

To qualify for a V visa, a spouse or child (under age 21) of a U.S. lawful permanent resident (LPR) must meet all of the following criteria:

  • The U.S. LPR spouse and/or parent MUST have filed Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) on behalf of his or her spouse/child(ren) on or before December 21, 2000;
  • The petition’s priority date must be at least three years old;
  • The priority date must not be current;
  • The applicant must not have already had an immigrant visa interview or be scheduled for an interview;
  • The petition must not already be at a U.S. Embassy or Consulate for immigrant visa processing; and
  • The applicant must be otherwise eligible as an immigrant.
Well that is about it for Nonimmigrant Visas. Once again, I know this is a lot of information, so once again, if you have any questions please contact me. If you have any family members that you think would benefit from this, please send them my information. 

Wednesday, May 30, 2018

Methods for Coming to the United States Legally

Hey everyone, so I decided that I would start a series of posts about how immigrants can come into
this country legally. There is going to be a lot of information given in this series, so I thought I would start this post with a brief overview of the opportunities and visas available. I will then spend the next few weeks, writing separate blog posts diving into and explaining more fully each one of these opportunities and visas. Once again, if you or anyone you know needs this information please forward it and contact me. I am here to help and want to help.

First off, it is important to understand that there are two different categories of visas: Non-Immigrant Visas and Immigrant Visas. Basically, the category depends on if you plan on staying in the United States permanently or just on a temporary basis. However, there is always the opportunity to adjust your status depending on what visas you are applying for. All the information that I will provide in this article comes from here.

NONIMMIGRANT VISAS

Purpose of Travel
Visa
Required: Before Applying for Visa
Athlete, amateur or professional (competing for prize money only)
 B-1
N/A

Au Pair (Exchange Visitor)

J
Program approval entered in the Student and Exchange Visitor Information System (SEVIS)

Australian Professional Specialty

E-3
The U.S. employer must obtain foreign labor certification from the U.S. Department of Labor, prior to filing a petition with USCIS.
Border Crossing Card: Mexico
BCC
N/A
Business Visitor
B-1
N/A


CNMI-Only Transitional Worker


CW-1
U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
Crewmember
D
N/A
Diplomat or Foreign Government Official
A
N/A
Domestic Employer or Nanny – Must be Accompanying a foreign national employer

B-1
N/A
Employee of a Designated International Organization or NATO
G1-G5, NATO


Exchange Visitor

J
Program approval entered in the Student and Exchange Visitor Information System (SEVIS)
Foreign Military Personnel Stationed in the United States
A-2, NATO1-6
N/A

Foreign National with Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics


O
U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)

Free Trade Agreement (FTA) Professional: Chile, Singapore
H-1B1 – Chile
H-1B1 - Singapore
The U.S. employer must obtain foreign labor certification from the U.S. Department of Labor, prior to filing a petition with USCIS.


International Cultural Exchange Visitor


Q
U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)


Intra-Company Transferee


L
U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
Medical Treatment Visitor
B-2
N/A
Media, Journalist
I
N/A
NAFTA Professional Worker: Mexico, Canada
TN/TD
N/A


Performing Athlete, Artist, Entertainer


P
U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)

Physician

J, H-1B
Program approval entered in the Student and Exchange Visitor Information System (SEVIS)
Professor, Scholar, Teacher (Exchange Visitor)

J
Program approval entered in the Student and Exchange Visitor Information System (SEVIS)


Religious Worker


R
U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)




Specialty Occupations in Fields Requiring Highly Specialized Knowledge




H-1B
The U.S. employer must obtain foreign labor certification from the U.S. Department of Labor, prior to filing a petition with USCIS. THEN
U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)

Student: Academic, Vocational

F, M
Program approval entered in the Student and Exchange Visitor Information System (SEVIS)




Temporary Agricultural Worker




H-2A
The U.S. employer must obtain foreign labor certification from the U.S. Department of Labor, prior to filing a petition with USCIS. THEN
U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)



Temporary Worker Performing Other Services or Labor of a Temporary or Seasonal Nature




H-2B
The U.S. employer must obtain foreign labor certification from the U.S. Department of Labor, prior to filing a petition with USCIS. THEN
U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
Tourism, Vacation, Pleasure Visitor
B-2
N/A


Training in a Program Not Primarily for Employment


H-3
U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
Treaty Trader/Treaty Investor
E
N/A
Transiting the United States
C
N/A


Victim of Criminal Activity


U
U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)


Victim of Human Trafficking


T
U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
Nonimmigrant (V) Visa for Spouse and Children of Lawful Permanent Resident (LPR)

V
N/A

IMMIGRANT VISAS

Immediate Relative & Family Sponsored
Spouse of a U.S. Citizen
IR1, CR1
Spouse of a U.S. Citizen Awaiting Approval of an I-130 Immigrant Petition
K-3
Fiancé to marry U.S. Citizen & Live in U.S.
K-1
Intercountry Adoption of Orphan Children by U.S. Citizens
IR3, IH3, IR4, IH4
Certain Family Members of U.S. Citizens
IR2, CR2, IR5, F1, F3, F4
Certain Family Members of Lawful Permanent Residents
F2A, F2B
Employment-Based Immigration
Priority Workers (First Preference)
E1
Professionals Holding Advanced Degrees and Persons of Exceptional Ability (Second Preference)

E2
Professional and Other Workers (Third Preference)
E3, EW3
Certain Special Immigrants (Fourth Preference)
S and others
Employment Creation/Investors (Fifth Preference)
C5, T5, R5, I5
Religious Workers
SD, SR
Iraqi and Afghan Translators/Interpreters
SI
Iraqis Who Worked for/on Behalf of U.S. Government
SQ
Afghans Who Worked for/on Behalf of the U.S. Governement
SQ
Other Immigrants
Diversity Immigrant Visa
DV
Returning Resident
SB

Well there you have it. I know this is a lot of information to process, but I promise I will be taking time the next couple of weeks to explain everything. If you have any preferences on what you want to hear about first, please let me know. Also, if you have any questions or need any help please contact me. I am more than happy to help!