USA Immigration VISA Information
This page provides an overview
of the following types of visas:
• Family-Sponsored
Visas
• Employment-Based
Visas
• Temporary
(Employment-Based) Visas
It concludes with a description of the naturalization
process
Family-Sponsored
(F-Visa)
United States Citizens (USC) or Lawful Permanent Residents
(LPR) living in the United States, 18 years of age
or older, may sponsor an immediate family member for
a permanent residency under this category. Sponsors
must promise to support an immediate family member
and their accompanying members until the new immigrant
either becomes a U.S. citizen or has worked in the
United States for 10 years. The purpose for the sponsorship
is to shift the financial responsibility to the sponsoring
relative. The U.S. family member accepts financial
responsibility by simply signing a document called
an Affidavit of Support (Form I-864) to guarantee
that the foreign national will not be dependant on
the U.S. Government for subsistence.
If the petitioner (USC or LPR) does not have enough
income to sponsor, another sponsor who is willing
to accept the responsibility can add his or her support
by completing and signing a separate affidavit of
support. Failure to complete the affidavit of support
form can cause delays and even a denial of the immigrant’s
visa.
The four categories under which an individual can
obtain permanent residency based on family-sponsorship
are as follows:
- First preference (F-1): Unmarried sons and daughters
(21 years of age and older) of U.S. Citizens
- Second preference (F2-A): Spouses and unmarried
children (under 21 years of age) of Permanent Residents
- Second preference (F2-B): Unmarried sons and daughters
(21 years of age and older) of Permanent Residents
- Third preference (F-3): Married sons and daughters
of U.S. Citizens
- Fourth preference (F-4): Brothers and sisters of
U.S. Citizens
The following categories of family members are not
subject to a quota system, which means immediate family
members from the following categories do not have
to wait for a green card:
- Spouses of U.S. Citizens
- Children under the age of 21 of U.S. Citizens
- Parents of U.S. Citizens
To qualify for permanent residency, the petitioning
USC or LPR must do the following:
- Submit Form I-130 to the United States Citizenship
and Immigration Services (USCIS) Service Center
- Submit an Affidavit of Support Form I-864 (if the
joint sponsor lives in a separate household) or Form
I-864A (if the joint sponsor lives in the same household)
- Provide proof of U.S. citizenship or alien resident
status for every person who signs an Affidavit of
support
An applicant must pay a non-refundable visa processing
fee, which includes a security surcharge, to the National
Visa Center.
After the USCIS approves the petition, it sends the
petitioner a notice of approval and forwards the approved
petition to the National Visa Center. It, in turn,
sends a notice to the petitioner (USC or LPR) and
the beneficiary/applicant (immediate family member)
along with further instructions for completing the
process. Those instructions vary depending on the
type of visa. If the applicant is in the U.S. already,
the applicant may be able to adjust his or her status
to permanent resident.
However, before the immigrant visa is issued, every
applicant must provide a medical examination report
conducted by the doctor designated by the consular
officer. Additional fees for required vaccinations
or diagnostic tests may be necessary. Those fees are
directly paid to the medical facility.
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Employment-Based
(E-visas)
We represent domestic and international companies
and individuals in all areas of business immigration
law. We assist companies in securing non-immigrant
and immigrant visas for their executive, managerial,
professional, and technical personnel. We also provide
assistance in all aspects of hiring and transferring
key foreign professionals in the import/export industries.
Hiring foreign workers requires more than simply filing
a visa petition. It requires understanding federal,
state, and local laws. It also requires understanding
employment issues that are unique to hiring foreign
workers, such as wages. Finally, employers also need
to understand the requirements for obtaining social
security number or driver’s license or transitioning
into permanent residency requirements.
After a company has determined that it cannot find
U.S. workers to fill a particular position, it needs
to do the following:
- Determine if the foreign national qualifies for
lawful permanent residency based on employment
- Possibly complete a labor certification request
(Form ETA 750) and forward it to the Department of
Labor’s Employment and Training Administration. After
the employer completes the labor certification, the
Department labor would either deny the request or
grant the request. In some case, a labor certification
is necessary before an employer can file the petition
(Form I-140) for the foreign national.
After the petition is approved, the State Department
will issue the visa number.
- If the foreign national is in the United States,
the foreign national must apply for permanent residency
via an adjustment of status.
- If the foreign national is outside the United States
when an immigrant visa number becomes available, the
U. S. consulate will notify the foreign national.
There are five categories for obtaining permanent
residency based on employment:
- First Preference (EB-1 priority workers): Executives
and managers of multinational companies, outstanding
professors and researchers, and aliens with extraordinary
ability in the education, science, or business fields
- Second Preference (EB-2 aliens with advanced degrees
or exception abilities): Aliens with advanced degrees
who would benefit the national economy or educational
interests of the United States
- Third Preference (EB-3 professionals, skilled worker,
and other workers): Professional with baccalaureate
degree, aliens with at least two years of experience
as skilled workers, and other workers with less than
two years of experience who can perform task for which
qualified workers are not available in the United
States
- Fourth Preference (EB-4 religious workers): Aliens
who have worked for at least two years with religious
organization and continue their work with a non-profit
religious organization in the United States
- Fifth Preference (EB-5 employment creation): Aliens
who can invest in a new or existing commercial enterprise
and can create 10 or more jobs for U.S. workers
The Immigration and Nationality Act establishes a
quota that allows only 10,000 investor visas (specifically
EB-5 visas) to be available annually and 5,000 of
those are set aside for persons who apply under the
pilot program. To qualify as EB-5 investor, the foreign
national must do the following:
- Establish a new commercial enterprise
- Invest t at least $1,000,000 in general or at least
$500,000 in a targeted employment area
- Provide that the investment comes from a lawful
source
- Show that the enterprise will create the requisite
number of jobs
- Participate actively in the business
Similarly there are requirements for the following
types of visa as well:
- Business Visitors visas
- Intra-Company Transferee visas
- Professional visas
- Student and Trainee visas
- Treaty visas
- Labor Certification
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Temporary
(Employment-Based) Visa
The advantages of hiring temporary workers are that
employers can fill their seasonal needs to perform
service or labor; the commitment is short term; and
the process is easier. The disadvantage is that temporary
workers are only permitted to stay until their maximum
period of stay has been reached, which means they
must leave the country after they completed the duration
of their stay permitted originally.
Non-immigrants must receive approval from the U.S.
Immigration and Naturalization Services before they
can apply for visas. The list of Non-Immigrant visas
that we handle and maximum duration permitted under
each category are as follows:
- Treaty trader (E-1): No maximum number of extensions,
with some exceptions
- Specialty Occupation workers (H-1B): Limited to
6 years
- Specialty Occupation workers (H-1C):Limited to 3
years
- Temporary skilled or unskilled workers (H-2A and
H-2B): Limited to 3 years
- Intra Company transferees (L-1A): Limited to 7 years
- Alien with specialized knowledge (L-1B): Limited
to 5 years
To file a petition for a Non-Immigrant visa, the employer
must do the following:
- File a petition on behalf of the temporary worker
(beneficiary) along with a supplement, which can vary
depending on the category of the visa with the USCIS
- Provide evidence to support the petition, which
could include documents and letters
- Make a payment
After the petition is approved, the employer and the
consulate office in the temporary worker’s country
receive a notice of approval.
- If the temporary worker is outside the U.S., he
must apply for a visa at the consulate office.
- If the temporary worker is already in the U.S. and
has another type of visa already, a visa is not necessary
although a visa is required to re-enter the U.S.
Even after approving a visa petition, the USCIS may
still deny entry because the decision to issue Form
I-94 solely rests with the USCIS. Finally, the timing
of petition is important because it must be filed
between within the period between six months and 45
days before the worker needs to begin employment.
To facilitate your understanding of the issue(s),
refer to a series of posted articles. They are not
meant to substitute specific legal advice. You must
consult an attorney regarding your particular issue(s).
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Naturalization
Process
To acquire U.S. citizenship, the applicant must be
eighteen (18) years of age and must have been lawfully
admitted to the United States for permanent residency.
In addition, the applicant must demonstrate knowledge
and understanding of U.S. history, principles, and
the form of government in United States. Moreover,
the applicant must be able to read, write, and converse
in English. Certain exemptions can apply:
- The applicant is 55 years of age or more and has
resided in the U.S. for 15 years or more.
- The applicant is 50 years of age or more and has
resided in the United States for more than 20 years.
- The applicant has a physical or mental impairment
that affects the applicant’s ability to learn the
English language.
The applicant must establish the following:
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