Visas

IMMIGRANT VISAS

NON-IMMIGRANT VISAS

IMMIGRANT VISAS

Family Sponsored Petitions

Immediate Relatives of US Citizens:    
No numerical limit is placed on the number of aliens who can become Legal Permanent Residents (LPR). The following aliens qualify as immediate relatives:

• Spouses 
• Children - Must be unmarried and under 21 years old
• Parents – Sponsoring citizen must be over 21 years old

Other Relatives of US Citizens:          
Other relatives of US citizens may also apply for family sponsored LPR status, although they are subject to limits on the number of visas which can be issued each year. A system of preferences has been established to decide which aliens receive their immigrant visas first. 

• 1^st. Preference: Unmarried sons/daughters (over age 21) of citizens.
• 2^nd. Preference: A - Spouses and children (under age 21) of legal permanent residents (LPR).
• B - Unmarried adult children (over age 21) of LPRs.
• 3^rd. Preference:  Married sons/daughters of US citizens.
• 4^th. Preference:  Brothers and sisters of US citizens.
  

DV-1 DIVERSITY VISA (GREEN CARD "LOTTERY")

• means of immigration to those foreign nationals without employment sponsorship or family ties in the U.S.
• recipients randomly selected (not through family or employment);
• must be native of low admission state;
• must have completed high school education or its equivalent, or have relevant work experience;
• aliens need not be in lawful status at the time of their application to the diversity program.

ASYLUM / REFUGEE VISAS

• Applicants must have experienced a serious threat to life of freedom, or have a well-founded fear of persecution in the future, in their home country.

Employment Sponsored Petitions

EB 1: 1^st Preference (No Labor Certification required)
· Managerial or Executive Transferees
· Outstanding Researchers and Professors
· Aliens possessing “extraordinary ability’ in the arts, science, business or athletics.
EB 2: 2^nd Preference (Labor Certification and offer of employment are usually required)
· Aliens of “exceptional ability” in the arts, science or business.
· Professionals holding advanced degrees.
EB 3: 3^rd Preference (Labor Certification and offer of employment required)
· Professionals holding Bachelors Degrees
· Skilled workers – positions requiring at least two years experience in the relevant field.
· Other workers.
EB 4: 4^th Preference:
· Special Immigrants – Religious Workers etc
EB 5: 5^th Preference:
· Employment Creation Investors

Naturalization

This is a process by which a legal permanent resident becomes a United States citizen. Before this process can take place, the following requirements must be met:

• a period of continuous physical residence and physical presence in the United States;
• a period of residence in a particular INS district before filing;
• the ability to read, write, and speak English;
• knowledge and understanding of U.S. history and government;
• good moral character;
• belief in the Constitutional principles.

RELATED LITIGATION

• Our firm also deals with all immigration related litigation throughout the United States and worldwide via U.S. Consulates.

NON-IMMIGRANT VISAS A B C D E F G H I J K L M N O P Q R S T U V

A – Foreign Government Official

B-1/B-2 – Visitor for Business/Pleasure
These are temporary visas for aliens conducting business transactions or pursuing tourist activities in the United States. Citizens of some countries may enter the United States for up to 90 days with no visa, under the Visa Waiver Pilot Scheme. Citizens of countries not included in this scheme must apply for a B visa from a United States consulate before entering the United States. Points of note under this category are:

Aliens are admitted for a period of time that is "fair and reasonable for the completion of the purpose of the visit" (in most cases 30 days);

Maximum permitted time of stay has been reduced from one year to 6 months and extensions will be granted only under compelling circumstances;

Must intend to depart United States after conducting business/tourist activities;

Alien must maintain a foreign residence;

Proof of adequate finances, return tickets, and under certain circumstances, family support, may be required;

Aliens admitted in B visitor status will be prohibited from pursuing a course of study prior to obtaining approval of a change to student status.

C – Alien in Transit

D – Crewman (Sailor or Air Crew)

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E-1/E-2 – Treaty Trader/Treaty Investor
The E-1 and E-2 visas are for aliens who will be working in the United States for an extended period of time, to conduct trade between a US company and a company based overseas, or to oversee investment. Point of note are:

A treaty of commerce and navigation or bilateral investment must exist between the United States and the foreign country;

majority control/ownership of the investing or trading company must be held by nationals of the foreign country;

traders must be engaged in substantial trade, principally between the United States and the foreign country;

the alien must serve in either a managerial position, or a position which requires “essential skills”;

the visa is issued initially for a 2-year period, with unlimited extensions available if alien affirms that he/she will be leaving at the end of their authorized stay;

application for E visas can be made through any consulate;

aliens utilizing E visas do not have to maintain a foreign residence, although they must declare their intention to leave the United States when their authorized stay expires.

spouses of E visa holders can apply for work authorization

F-1 – Academic Student
The F-1 visa is for people wishing to undertake a full time course of academic study in the United States. Points of note are:

Course of study must be full time;

must demonstrate financial support for at least 1 year and likelihood of support in future (student may earn money from scholarships, assistantship grants, research and work study programs);

must be ‘academic’ rather than vocational program (eg. Bachelors, Masters, PhD, Post-doctoral degrees);

school must be authorized to accept foreign students;

alien must be proficient in English;

alien must maintain foreign residence.

aliens admitted in B visitor status will be prohibited from pursuing a course of study prior to obtaining approval of a change to student status.

G – International Organization Representative

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H-1B – Temporary Professional Worker
The H-1B visa is utilized by professionals who are working in specialty occupations in the United States. Some points of note are:

Alien must possess equivalent of US baccalaureate degree or higher, and position must require same;

employer must file a labor condition application with the Department of Labor, and attest that it will pay the worker the prevailing wage;

initial maximum stay of 3 years. Thereafter extensions totaling not more than 3 years may be approved (exceptions apply);

‘dual intent’ (the filing of permanent residence papers whilst in H-1B status) is permitted.

H-2A – Seasonal Agricultural Worker

H-2B – Other Temporary Worker

H-3 – Industrial Trainee

I – Representative of Foreign Media

J-1 – Exchange Visitor
This visa category is issued to foreign students, scholars, experts, medical interns, international visitors and industrial or business trainees. It allows the alien to enter the United States as an “exchange visitor”, via programs approved by the US Government. Some points of note:

Length of stay variable, depending on category;

2-year Foreign Residence Requirement – imposed on some categories of alien after they have completed their period of training in the United States;

must maintain foreign residence.

K-1 - Fiance/Fiancee of US citizen

Marriage ceremony must be completed within a 90-day period of obtaining the status.

K-2 - Children of K-1 visa holder

K-3 – Spouse of US citizen

Issued while I-130 petition is pending with the INS.

K-4 – Children of K-3 holder

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L-1/L-2 – Intra-Company Transferee
The L-1 visa is issued to employees of overseas companies (intra-company transferees) who will be working temporarily for a branch or affiliate office in the USA, in managerial, executive or specialized fields. Some important points relating to this category are listed below:

Aliens will be admitted for a maximum initial period of 3 years;

the L-1 can be extended for a maximum of 7 years for managers or executives (L1A category);

or a maximum of 5 years for aliens with specialized knowledge (L1B category);

employee must have worked for 6 months-1 full year outside the USA (with the parent company) in the 3 years preceding the visa application;

employee must have worked in “Executive” or “Managerial” position, or a position involving “specialized knowledge”

the US company must be “the same employer” or a subsidiary or affiliate of the foreign company;

the company must be a “qualifying organization”, ie. must be doing business in the USA and overseas simultaneously;

while the alien must declare his/her intention to depart the United States, it is possible to pursue Permanent Residency (under EB-1 category) while working on an L-1 visa.

spouses of L-1 visa holders can apply for work authorization

M – Vocational Student

N – Relatives of former or retired ‘G’ visa holders

O – Extraordinary Ability
For aliens with extraordinary ability in the arts, science, education, business, or athletics. Some points to note:

Science/Business/Education: to qualify one must be “one of the small percentage who have risen to the very top of his or her field...”

Arts: less strictly defined, as “prominent, leading, or well-known in the field of arts.”

Motion Picture or TV: the person should be “recognized as outstanding, notable, or leading in the industry or field.”

No statutory time limit.

P – Athletes / Group Entertainer

For alien athletes competing individually or as part of a team at an internationally recognized level, or;

Aliens who are part of an entertainment group which is regarded as “outstanding”;

Covers those aliens who do not qualify as having “extraordinary” ability, for the O visa;

Can be authorized for the period of time required to complete competition or performance, up to 1 year.

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Q – International Cultural Exchange Participant
This visa is for aliens undertaking an international cultural exchange program.

Program must provide practical training, employment, and “the sharing of history, culture and traditions of the country of the alien’s nationality”;

alien is permitted to stay for a maximum of 15 months

alien must be paid wages comparable to US wages;

no provision for spouses or children;

employer files Q petition on behalf of alien.

R – Religious Worker
Issued to professionals in the field of religion, for a maximum of 5 years.

S – Informant
Alien possessing critical or valuable information relating to a terrorist organization or criminal activity.

T – Victims of "severe trafficking".
The “T” visa is available to victims of severe trafficking (and their families) who agree to help law enforcement authorities in the investigation or prosecution of such trafficking, and who would face extreme hardship or repercussions if removed from the U.S. Some points of note are:

alien must be, or have been, a victim of a severe form of trafficking in persons;

due to trafficking be physically present in the U.S., American Samoa, or the Commonwealth of the Northern Mariana Islands or at a port of entry;

must have agreed to any reasonable request for assistance in the investigation or prosecution of acts of trafficking, or be under the age of 15;

show that he or she would suffer extreme hardship upon removal.

TN –NAFTA Professionals ( from Canada or Mexico)

U – Victims of Physical or Mental Abuse

This visa is issued to aliens who have suffered actual physical or mental abuse resulting from criminal activities, including domestic violence.

alien must have information regarding the specified crime;

alien must be helpful to authorities investigating or prosecuting the specified criminal activities;

the criminal activities must have violated the U.S. laws, or have taken place in the U. S. or the U.S. territories;

V- Visa for Spouses and children of LPR.

“V” visa is available to allow the spouses and minor children of lawful permanent residents (LPR), who have been waiting for more than 3 years for a green card, to enter the United States and be granted permission to work (work authorization card).

the petitioner (LPR) must have filed an immigration petition (I-130, Petition for Alien Relative) on or before December 21, 2000;

the child of a petitioned-for spouse of petitioned-for child beneficiary is also eligible for such a status if he or she is accompanying or following to join such an alien;

aliens granted admission to the U.S. in V nonimmigrant classification is given a maximum of two-year period of admission, which may be extended;

aliens in V-1, V-2 or V-3 nonimmigrant status are authorized to remain in the U.S. until their authorized period of admission expires. Admission could also expire if the Form I-130, filed by the LPR on behalf of his or her spouse or child is denied; or if the alien’s application for immigrant visa is denied; or if the alien’s application for adjustment of status is denied.

an alien who is 19 years or older and applies for admission to the U.S., he or she will be granted a period of admission that will end on the day the alien turns 21 years of age or gets married.top