Immigration Options

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Work Visas    

H-1B

Visa for "specialty occupation" workers, Department of Defense cooperative research and development project workers, and fashion models.  H-1B holder can have the intent to remain permanently in the U.S.

Specialty occupations normally require bachelor's degree or higher in a specific specialty (or its equivalent).

Fashion models must establish distinguished merit and ability.

The initial period of stay is up to three years with subsequent renewals up to six years.  One-year extensions beyond the sixth year available for individuals in the process of obtaining a green card.  The H-1B worker is allowed to pursue a green card while in H-1B status.  There are H-1B equivalent visas for certain nations, such as the E-3 for Australia and the H-1B1 for Chile and Singapore.

H-2B

Visa is for workers needed temporarily because here is not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.  The H-2B worker can stay in the United States for up to three years.  

H-3 

Visa for individual coming to the U.S. as a trainee or special education exchange visitor.  The trainee is provided job-related training that will be performed outside the U.S. and the proposed training is not available in the individual's home nation.  A special education exchange visitor must be petitioned by a facility with professionally trained staff and program that provides education to children with disabilities and training and hands-on experience to trainees.  

H-4 

Visa is for the spouse and dependent children of the H-1B, H-2B, and H-3 visa holders  In H-1B cases, the H-4 spouse may be eligible for work permit if the H-1B spouse has an approved Form I-140 or granted an extension beyond the sixth year (already started the process of seeking a green card through employment).  

E-1 

Visa allows the trader or the trader's employee to conduct substantial trade in goods or services, mainly between the United States and their country of citizenship or nationality.  The initial period of stay is up to two years.  There is no limit to the number of extensions, but the E-1 holder must intend to depart the United States when their status expires or is terminated.  Spouse and dependent children are allowed to accompany the treaty trader.  The spouse of the E-1 holder may apply for work permit.

E-1 visa requires a treaty of commerce and navigation to exist between the United States and the holder's country.

L-1 

Visa is for intracompany transfers of executives, managers, or specialized knowledge employee, coming to the United States to work in the office affiliated with the foreign office.  The visa allows the foreign office to send a qualified employee to the United States to establish one.   Qualified employee entering the United States to establish a new office is allowed an initial one year.  All other qualified employees are allowed an initial maximum of three years.  Extension of stay can be granted at two year increments, until the maximum limit of seven years is reached for those in L-1A status, and a maximum limit of five years is reached for those in L-1B status.  L-1A is for executives and managers.  L-1B is for specialized knowledge workers.   L-1 holder can have the intent to remain permanently in the U.S.    

Spouse and dependent children can accompany or follow to join the L-1 holder as L-2 visa holders.  The spouse of the L-1 worker may apply for a work permit.

O-1

The O-1 visa is for the individual with extraordinary achieivement in motion picture or television (and recongized for those achievements, internationally or nationally) or the individual with extraordinary ability in business, athletics, art, science, or education.

O-1A visa is for those with extraordinary ability in business, athletics, science, or education.  

O-1B visa is for those with extraordinary ability or extraordinary achieivement in the arts, motion pictures or television.  

O-2 visa is for those that will accompany an O-1 artist or athlete  to assist in a specific event or performance.  

O-3 visa for the spouse or dependent children of the O-1A, O-1B, or O-2 holders.  No work permit given but can attend school.

The initial period of stay is up to three years. Extension of stay is given in increments, up to one year, in order to accomplish the initial event or activity.

P

P-1A  Visa for internationally recognized individual athlete, internationally recognized athletic teams, professional athletes employed as a team member, amateur athletes or coaches as part of a team located in the U.S. and a member of a foreign league/association, or professional or amateur theatrical ice skaters to perform individually or as part of a group.

P-1B  Visa for a member of an internationally recognized entertainment group (not as an individual entertainer).

P-2 Visa for an artist or entertainer (individually or as part of a group) who will perform under a reciprocal exchange program recognized by the U.S. government.

P-3 Visa for individual or group to come to the U.S. to develop, interpret, represent, coach, or teach a unique or traditional performance or presentation that will further the understanding or development of the art form.

P-4 Visa for the spouse and unmarried children under the age of 21 of the P-1, P-2, or P-3 visa holder.  Family may attend school but not work.

TN

Visa permits qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in a recognized profession in a position requiring a NAFTA professional that is on a full-time or part-time basis with a U.S. employer.  Canadian citizens may obtain TN visa at the time of admission into the U.S. by presenting required documents.  Mexican citizens apply for the TN visa at the U.S. embassy or consulate in Mexico.

TD visa is for the spouse and unmarried children under the age of 21 of the TN holder.  No work permitted but may attend school.

Green Card through Work

Green Card through Employer Petition (U.S. Permanent Residency) through Employer Petition U.S. employer files for foreign worker to become a permanent U.S. resident after testing the American labor market through job advertisements and other job recruitment efforts, and finding there is no minimally qualified and available U.S. worker for the offered position.

EB-2 National Interest Waiver Green Card  A highly qualified individual can get a waiver of having a job offer and a U.S. Department of Labor issuance of a labor market certification (no qualified U.S. worker for the position offered) if the U.S. government finds it would be in the "national interest" to waive these requirements because the foreign citizen has "exceptional ability" or has a Master's Desgree (or its equivalent (a Bachelor's degree plus 5 years of work experience), and that the foreign citizen's intended work in the U.S. is of substantial merit and national importance and the individual is well positioned to continue that work.

Self-Sponsored Green Card (EB-1A Green Card) Similar to an O-1 visa above, but with higher standard to meet and can be self-sponsored (no employer needed).  The EB-1A can be the natural step after the foreign worker gets an O-1 visa.  


Investor Visas 

E-2 

Visa allows the investor or the investor's employee to  invest or actively be in the process of investing a substantial amount of capital in  an enterprise and to develop and direct the investment enterprise.  The initial period of stay is up to two years.  There is no limit to the number of extensions, but the E-2 holder must intend to depart the United States when their status expires or is terminated.  Spouse and dependent children are allowed to accompany the treaty trader.  The spouse of the E-2 holder may apply for work permit.

E-2 visas require a treaty of commerce and navigation to exist between the United States and the holder's country.

EB-5 Immigrant Investor Green Card  

No treaty of commerce and navigation needed.  The investment is $900,000 or $1,800,000 (where in the U.S. the investment is made determines the minimum dollar amount).  The investment must create 10 jobs.  The investor can invest the money in what are called Regional Centers (must be approved) that are combined with other investors' monies to create jobs and not require direct hires of U.S. workers.  The source of the investor's money will need to be examined by the U.S. government. If petiton is successful, the investor gets a conditional residency status (temporary green card), after 21 months in this temporary status, the green card will be made permanent if the investor shows the required minimum jobs were created and the investment and business were kept up.

Family Visas   

Spouse, parent, and unmarried children (under 21 years of age) of U.S. citizen (IR)  

Unmarried son and daughter (21 years of age and older) of U.S. citizen (F1)

Spouse and children (unmarried and under 21 years of age) of green card holder (F2A)

Unmarried son and daughter (21 years of age and older) of green card holder (F2B)

Married son and daughter of U.S. citizen (F3) 

Brother and sister of U.S. citizen (if U.S. citizen is 21 years of age and older) (F4)

Fiance(e) of a U.S. citizen or the fiance(e)'s child  K-1 visa for the fiance(e) and K-2 for dependent children