Members, American Immigration Lawyers Association
B-1 visitors may apply for visas to enter the U.S.A. on behalf of their overseas employer for a short duration that may not involve local employment. Nationals of certain countries may be eligible to visit the U.S.A. for business purposes for up to 90 days without obtaining a visa.
B-2 visitors for pleasure may apply for visas to enter the U.S.A. for tourism, visits, medical treatment, and certain other activities. Nationals of certain countries may be eligible to visit the U.S.A. for pleasure for up to 90 days without obtaining a visa.
Treaty traders and their employees may apply for visas to carry on substantial trade between the U.S.A. and their country, if their country has the required treaty with the U.S.A.
Investors who invest a substantial amount of capital in a U.S. enterprise, and who will develop and direct the enterprise, and certain employees, may apply for a visa if their country has the required treaty with the U.S.A.
Students who will pursue a full course of study at an authorized educational institution in the U. S. may apply for a student visa. In most cases, a period of practical training in the field of study may be available following completion of a course of study.
Professional workers with at least a bachelor's degree (or equivalent) may apply for a visa if the U.S. employer can document that the worker will be paid at least the prevailing wage for the position. In some cases, documented work experience may be accepted in lieu of a bachelor's degree.
Exchange visitors may apply for a visa to travel to the U.S. in an approved exchange program. This category includes certain students, medical residents, professors and research scholars, specialists, government visitors, camp counselors and au pairs. Participation in some J-1 programs require that the exchange visitor spend two full years outside the U.S.A. before obtaining a new nonimmigrant visa or applying for the Green Card.
A fiancee of a U.S. citizen may apply for a nonimmigrant visa which allows. entry into the U.S. for 90 days. Within that 90 day period, the U.S. citizen and foreign fiancee must married. The fiancee must then apply for permanent resident status.
Executives, managers and specialized knowledge employees may apply for a visa to transfer to their employer's U.S. affiliate, parent or subsidiary, if they have at least one year of qualifying experience within the past three years.
A person whose extraordinary ability in the sciences, arts, education, business or athletics has been demonstrated by sustained national or international acclaim may apply for a visa in this category.
A person whose work involves international recognition, participation in a reciprocal exchange program, or a culturally unique performance or production, may apply for a visa in this category.
Religious workers, including ministers of religion, persons working in a professional capacity, or those working in a religious vocation or occupation, may apply for a visa in this category.
Special rules apply to citizens of Canada and Mexico under the provisions of the North American Free Trade Agreement. For citizens of Canada, visas are generally not required and port of entry processing is available.
U.S. citizens may sponsor their spouses, parents, children, brothers and sisters. Permanent residents may sponsor their spouses and children. The sponsored relative is eligible to apply for his or her immigrant visa or Green Card only if the visa petition is approved and an immigrant visa is available. Some categories within this class have no limitations on the amount of visas issued each year and others have annual quotas.
Individuals who satisfy the requirements in one of these categories may seek permanent residence without first obtaining a labor certification. Generally, a labor certification requires an employer to demonstrate that no U.S. worker is qualified, available, willing or able to fill the job opportunity.
A job offer and labor certification are required in this category unless an individual can show that his or her entry is in the U.S. national interest.
Workers in this category must have a job offer, and the prospective U.S. employer must generally complete the labor certification process. The U.S. Department of Labor has certified a shortage of registered nurses within this category.
Ministers of religion, persons working in a professional capacity, or those working in a religious vocation or occupation, may be sponsored by a bona fide religious organization for permanent residence.
Up to 10,000 visas are available per year for investors in new commercial enterprises, if the enterprise will create employment for at least ten U.S. workers. Generally, an investment must be at least $1,000,000. If an investment will be made in a "targeted employment area," it may be deemed qualifying at $500,000 if certain requirements are met.
I-9's The immigration law make it illegal to employ foreign nationals who lack permission to work in the U.S. With very limited exceptions, employers are required to verify that all employees (including U.S. citizens) are authorized to work in the U.S. by timely completing and maintaining Employment Verification forms. Penalties may be imposed against employers for knowingly hiring and continuing to employ an unauthorized worker, and/or for failing to complete and/or maintain the required documentation.
An annual visa lottery is conducted for nations underrepresented in Green Card issuance. Applicants are selected at random to apply for 55,000 visas.
A person with a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion may apply for asylum within the U.S. or for refugee status if outside the U.S.
These applications are required to overcome certain grounds of exclusion, deportation and/or removal based upon certain criminal convictions, medical conditions, visa fraud, and the two-year foreign residence requirement of certain J-1 Exchange Programs.
Generally, an applicant must have held lawful permanent resident status and resided in the U.S. for at least five years. If the applicant has been the spouse of a U.S. citizen, the required period is three years. Applicants must also generally meet requirements for physical presence in the U.S., good moral character, basic English language skills, knowledge of the history and government of the U.S., and agree to uphold and defend the Constitution of the U.S.
In certain cases, foreign nationals may acquire U.S. citizenship at birth, or derivatively through the naturalization of one or both parents.
Foreign nationals who are ineligible to enter or remain in the U.S.A. are subject to removal proceedings before the Immigration Court. In some cases, foreign nationals may be eligible for waivers of excludability or deportation based upon family relationships and/or extreme hardship, duration of stay in the U.S.A., humanitarian parole, or a showing of rehabilitation.