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Immigration |
The United States, the melting pot of the world, has been built on the
backs and brains of foreign-born individuals and those whose parents and/or
grandparents were immigrants. Presently, an individual cannot simply buy
a ticket to the United States and expect to be granted permanent resident
status. There is a maze of laws and legal requirements that a foreign-born
individual must navigate in order to obtain a work visa and/or a permanent
resident visa.
In the following sections you will find information and answers to commonly
asked questions concerning basic immigration rules and regulations. For
further information about change or adjustment of status, consular processing,
citizenship/naturalization, political asylum/refugee status, deportation/removal,
Federal Court litigation, or other immigration matters, visit the U.S.
State Department (www.state.gov) or
the Bureau of Citizenship and Immigration Services (formerly the Immigration
and Naturalization Service or INS) (www.bcis.gov)
web sites.
Types of Visas
Qualifying for Legal Residence Status: Family Based Immigrant
Classifications
Company Sponsored Work Visas
Visa Lottery
Types of Visas
The following is a list of non-immigrant classifications for temporary
visits and/or employment in the United States. Visa classifications are
constantly changing and evolving. For the most up to date information,
consult the BCIS (Bureau of Citizenship and Immigration Services) or U.S.
State Department websites.
- B-1 / B-2 - Visitors
For persons coming to the U.S. as a "visitor" for business
or pleasure for less than 180 days. Persons admitted to the U.S. under
this visa classification may not engage in employment during their period
of stay. Nationals of certain countries may be permitted to visit the
U.S. without a visa for up to 90 days.
- E-1 / E-2 - Traders / Investors
For persons who qualify as "traders" or "investors"
from certain countries having a bi-lateral commerce treaty with the
U.S. Applicants for these visas may be employed in the U.S. at 2-year
increments.
- F or M - Students
For students entering the U.S. in order to engage in a full course of
academic or vocational study at an educational institution in the United
States. Certain students may be eligible for employment authorization
for up to 1 year for purposes of practical training in their field.
- H-1B - Professional Workers
For professionals with a bachelor's degree or its equivalent in work
experience seeking temporary employment in the U.S. to fill a position
which requires such a degree. H-1B visa applicants must demonstrate
that they will be paid for the job at or above the prevailing wage in
the industry. The length of stay will correspond to the period of time
required by the employer, but not exceeding 6 years (up to 3-year increments).
Fashion models, foreign medical graduates and certain health-care workers
may also qualify for H-1B classification.
- J - Exchange Visitors
For students, professors and research scholars, short-term scholars,
business or vocational trainees, specialists, foreign medical graduates,
international visitors, government visitors, teachers, camp counselors,
au pairs and others coming to the U.S. as an "exchange visitor"
through a U.S. government-approved exchange program for the purpose
of training, doing research or gaining experience in their field.
- K - Fiancé(e) or Spouse
For fiancé(e)s of U.S. citizens who intend to marry within 90
days of admission to the U.S. Certain spouses of U.S. citizens may also
be admitted to the U.S. while awaiting processing of an immigrant visa.
- L-1 - Multi-National Business Transferees
For executives, managers and specialized knowledge personnel being transferred
to a U.S. office or affiliate of a foreign company. The length of stay
will correspond to the period of time required by the employer, but
not exceeding 7 years for executives/ managers (up to 3-year increments)
and 5 years for specialized-knowledge personnel.
- O-1 / O-2 - Extraordinary Ability
For persons who can demonstrate "extraordinary ability" in
the arts, science, business, education or athletics; and certain people
accompanying or assisting such persons.
- P-1 / P-2 / P-3 - Artists, Athletes & Entertainers
For artists, entertainers and athletes who are members of a group or
team; part of reciprocal international exchanges; or performing in programs
that are culturally unique. Such persons do not need to establish "extraordinary
ability" in their field.
- R - Religious Workers
For visits of 5 years or less by qualified ministers, religious professionals
or other religious workers.
- TN - NAFTA
A special classification for professionals from Canada or Mexico seeking
admission to the U.S. pursuant to the North American Free Trade Agreement
(NAFTA) to engage in designated business activity of a professional
or quasi-professional nature.
- V-1 / V-2 - Certain Spouses and Children of U.S. Permanent Residents
For qualifying spouses and unmarried children under 21 years of age
of lawful permanent residents of the U.S. who have had immigrant petitions
filed on their behalf prior to 21 December 2000 and which have been
pending for more than 3 years.
Qualifying for Legal Residence Status: If You Have an
Immediate Family Member Who is a Citizen or has a Green Card
If you have an immediate family member who is a citizen or has a Green
Card, you may receive special consideration. The BCIS has a procedure
for certain family members, depending on specific factors, to qualify
for a Green Card.
Parents, spouses and unmarried children (under age 21) of a United States
citizen may obtain lawful permanent resident status in the U.S. through
the filing of a petition with the BCIS. These "immediate relatives"
are not subject to automatic waiting periods and may obtain their Green
Cards once processing of the required paperwork is complete.
Qualifying for Legal Residence Status: If You Have an Extended Family
Member Who is a Citizen or has a Green Card
If you have a family member who is a U.S. citizen or Green
Card holder, but you do not qualify under the "immediate
family" rule above, you can still qualify for a family-based immigration
visa. Relatives of a citizen who cannot be classified as "immediate
relatives" (such as sons and daughters, sisters and brothers over
the age of 21), as well as certain relatives of Green
Card holders, are subject to limits on the number of visas that
can be issued each year.
Following is a preference classification list utilized by the BCIS in
determining eligibility and timing in obtaining a visa. These applications
will encounter delays corresponding to the "priority date" (the
date on which the petition is filed) and the particular preference category
to which the applicant belongs. Higher preference classifications should
encounter less delay.
- 1st Preference: Unmarried sons and daughters (over age 21)
of citizens.
- 2nd Preference:
2A - Spouses and unmarried children (under age 21) of Green Card Holders.
2B - Unmarried sons and daughters (over age 21) of Green Card Holders.
- 3rd Preference: Married sons and daughters (over age 21) of
citizens.
- 4th Preference: Brothers and sisters (over age 21) of citizens.
Relatives who cannot be classified within the above preference categories
are not eligible for family-based immigrant visas.
Company Sponsored Work Visas
Obtaining a work visa is often a complex and time-consuming process.
Individuals who have an offer of employment by a U.S. sponsor, may be
able to secure permanent resident status if they fall into one of the
three basic employment-related classifications, also denoted by preference
category, as explained below.
- First Employment-Based Preference
(Approximately 40,000 annual visas for "priority workers")
Under this preference, no labor certification is required. This is especially
helpful because the labor certification process is complex, time-consuming
and costly and also involves the filing of a separate application with
the U.S. Department of Labor. Accordingly, processing times are generally
much shorter under this preference category and qualifying individuals
have a much greater chance of success.
- Second Employment-Based Preference
(Approximately 40,000 annual visas plus visas not used under the first
preference)
A labor certification (as well as a job offer) is required under this
second employment-based preference, although it may be waived by the
BCIS in accordance with the "national interest" of the U.S.,
a difficult standard to satisfy.
- Third Employment-Based Preference
(Approximately 40,000 annual visas plus visas not used under the first
and second preferences)
A labor certification (as well as a job offer) is always required under
this third employment-based preference. Individuals hoping to qualify
in one of these categories are often subject to long and uncertain application
periods and, even if a labor certification is ultimately approved, waiting
periods can last several years before the requested classification is
granted and a visa is issued.
- Professionals
with a bachelor's degree or its equivalent not qualifying in the second
preference category.
- Skilled Workers
filling positions requiring at least two years of training and/or
experience in the field.
- Unskilled
Workers, although not all such workers are eligible for immigrant
classification.
Visa Lottery
Each year, the United States holds a "diversity visa" lottery
for a one-month period, usually in October. The U.S. allots a specific
number of visas to individuals from certain countries. Many factors go
into the decision on how many visas to allot to each country. Specific
information regarding eligible countries, the number of visas available
and instructions for applying are posted on the U.S. State Department
website in July or August. Interested persons should contact the Bureau
of Citizenship and Immigration Services or the Department of State for
more information about this program. (Visit www.state.gov
or www.bcis.gov for up to date information.)
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