Immigration & Visas
1)
Visit the USA
Generally, if you want to visit (and not live in) the United
States you must first obtain a visitor visa. Travelers from certain countries may
be exempt from this requirement. If you want to travel to the United States for
reasons other than business or pleasure, you must apply for a visa in the
appropriate category. This includes if you want to study, work as a crew member
or journalist, etc.
Visitor Visas (B-1) - For example, if
the purpose for your planned travel is to consult with business associates,
travel for a scientific, educational, professional or business convention, or
conference on specific dates, settle an estate, or negotiate a contract, then a
business visitor visa (B-1) would be the appropriate type of visa for your
travel
Pleasure, Tourism,
Medical Treatment - Visitor Visas (B-2) - As examples, if
the purpose of your planned travel is recreational in nature, including
tourism, vacation (holiday), amusement, visits with friends or relatives, rest,
medical treatment, activities of a fraternal, social, or service nature, and
participation by amateurs, who will receive no remuneration, in musical, sports
and similar events or contests, then a visitor visa (B-2) would be the
appropriate type of visa for your travel. If you are going to the U.S.
primarily for tourism, but want to take a short course of study which is
recreational (and not for credit towards a degree), and the course is less than
18 hours per week, this is permitted on a visitor visa.
Visa Waiver Program
Travelers
coming to the U.S. for tourism or business for 90 days or less from qualified
countries may be eligible to visit the U.S. without a visa if they meet the
visa waiver program requirements. Currently, 35 countries participate in the
Visa Waiver Program, as shown below:
Visa
Waiver Program - Participating Countries
Andorra
|
Hungary
|
New Zealand
|
Australia
|
Iceland
|
Norway
|
Austria
|
Ireland
|
Portugal
|
Belgium
|
Italy
|
San Marino
|
Brunei
|
Japan
|
Singapore
|
Czech Republic
|
Latvia
|
Slovakia
|
Denmark
|
Liechtenstein
|
Slovenia
|
Estonia
|
Lithuania
|
South Korea
|
Finland
|
Luxembourg
|
Spain
|
France
|
Malta
|
Sweden
|
Germany
|
Monaco
|
Switzerland
|
Greece
|
the Netherlands
|
United Kingdom
|
2)
Temporary (Nonimmigrant
Worker)
The United States welcomes thousands of foreign workers in
multiple occupations or employment categories every year. These include
artists, researchers, cultural exchange participants, information technology
specialists, religious workers, investors, scientists, athletes, nurses,
agricultural workers and others. All foreign workers must obtain permission to
work legally in the United States.
A temporary worker is an individual seeking to enter the
United States temporarily for a specific purpose. Nonimmigrants enter the
United States for a temporary period of time, and once in the United States,
are restricted to the activity or reason for which their nonimmigrant visa was
issued.
H-1B Specialty Occupations, DOD
Cooperative Research and Development Project Workers, and Fashion Models
|
This visa category
applies to people who wish to perform services in a specialty occupation,
services of exceptional merit and ability relating to a Department of Defense
(DOD) cooperative research and development project, or services as a fashion
model of distinguished merit or ability.
Eligibility Criteria
Visa
Category
|
General
Requirements
|
Labor
Condition Application Required?
|
H-1B
Specialty Occupations
|
For you
to qualify to accept a job offer in a specialty occupation you must meet one
of the following criteria:
·
Have completed a
U.S. bachelor’s or higher degree required by the specific specialty
occupation from an accredited college or university
·
Hold a foreign
degree that is the equivalent to a U.S. bachelor’s or higher degree in the
specialty occupation
·
Hold an
unrestricted state license, registration, or certification which authorizes
you to fully practice the specialty occupation and be engaged in that
specialty in the state of intended employment
·
Have education, training,
or progressively responsible experience in the specialty that is equivalent
to the completion of such a degree, and have recognition of expertise in the
specialty through progressively responsible positions directly related to the
specialty. **
|
Yes.
The prospective employer must file an approved Form ETA-9035, Labor Condition
Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker.
|
H-1B2
DOD
Researcher and Development Project Worker
|
To be
eligible for this visa category you must must meet one of the following
criteria:
· Have completed a
U.S. bachelor’s or higher degree required by the specific specialty
occupation from an accredited college or university
· Hold a foreign
degree that is the equivalent to a U.S. bachelor’s or higher degree in the
specialty occupation
·
Hold an
unrestricted State license, registration, or certification which authorizes
you to fully practice the specialty occupation and be engaged in that
specialty in the state of intended employment
· Have education,
training, or progressively responsible experience in the specialty that is
equivalent to the completion of such a degree, and have recognition of
expertise in the specialty through progressively responsible positions
directly related to the specialty. **
|
No.
|
H-1B3
Fashion
Model
|
The
position/services must require a fashion model of prominence.
To be
eligible for this visa category you must be a fashion model of distinguished
merit and ability.
|
Yes.
The prospective employer must file an approved LCA with the Form I-129.
|
Application Process
Step 1: (for specialty occupation and fashion model petitions only):
Employer Submits LCA to DOL for certification.
The employer must apply for and receive DOL certification of an LCA. For further
information regarding LCA requirements and Doll's inert process, see the
"Foreign Labor Certification, Department of Labor" link to the right.
Step 2: Employer Submits Completed Form I-129 to USCIS.
The employer should file Form I-129, Petition for a Nonimmigrant Worker, with
the correct USCIS Service Center. Please see the “I-129 Direct Filing Chart”
link on the right side of the page. The DOL-certified LCA must be submitted
with the Form I-129 (only for specialty occupation and fashion models). See the
instructions to the Form I-129 for additional filing requirements.
Step 3: Prospective Workers Outside the United States Apply for
Visa and/or Admission.
Once the Form I-129 petition has been approved, the prospective H-1B worker who
is outside the United States may apply with the U.S. Department of State (DOS)
at a U.S. embassy or consulate abroad for an H-1B visa (if a visa is required).
Regardless of whether a visa is required, the prospective H-1B worker must then
apply to U.S. Customs and Border Protection (CBP) for admission to the United
States in H-1B classification.
Labor Condition
Application (LCA)
Prospective specialty occupation and
distinguished fashion model employers must obtain a certification of an LCA
from the DOL. This application includes certain attestations, a violation of
which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions,
and other sanctions to the employer. The application requires the employer to
attest that it will comply with the following labor requirements:
· The employer will pay
the beneficiary a wage which is no less than the wage paid to similarly
qualified workers or, if greater, the prevailing wage for your position in the
geographic area in which you will be working.
· The employer will
provide working conditions that will not adversely affect other similarly
employed workers. At the time of the labor condition application there is no
strike or lockout at the employer place of business. Notice of the filing of
the labor condition application with the DOL has been given to the union
bargaining representative or has been posted at the place of business.
Period of Stay
As an H-1B nonimmigrant, you may be
admitted for a period of up to three years. Your time period may be extended,
but generally cannot go beyond a total of six years, though some exceptions do
apply under sections 104(c) and 106(a) of the American Competitiveness in the
Twenty-First Century Act (AC21).
Your employer will be
liable for the reasonable costs of your return transportation if your employer
terminates you before the end of your period of authorized stay. Your employer
is not responsible for the costs of your return transportation if you
voluntarily resign your position. You must contact the Service Center that
approved your petition in writing if you believe that your employer has not
complied with this requirement.
H-1B Cap
The H-1B visa has an annual numerical limit "cap" of 65,000 visas
each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries
with a U.S. master’s degree or higher are exempt from the cap. Additionally,
H-1B workers who are petitioned for or employed at an institution of higher
education or its affiliated or related nonprofit entities or a nonprofit
research organization, or a government research organization are not subject to
this numerical cap.
Family of H-1B Visa
Holders
Your spouse and unmarried children
under 21 years of age may seek admission in the H-4 nonimmigrant
classification. Family members in the H-4 nonimmigrant classification may not
engage in employment in the United States.
L-1B Intra-company Transferee Specialized
Knowledge
|
The L-1B nonimmigrant
classification enables a U.S. employer to transfer a professional employee with
specialized knowledge relating to the organization’s interests from one of its
affiliated foreign offices to one of its offices in the United States. This
classification also enables a foreign company which does not yet have an
affiliated U.S. office to send a specialized knowledge employee to the United
States to help establish one. The employer must file Form I-129, Petition for a
Nonimmigrant Worker, on behalf of the employee.
General Qualifications of the Employer and Employee
To qualify for L-1
classification in this category, the employer must
·
Have a qualifying
relationship with a foreign company (parent company, branch, subsidiary, or
affiliate, collectively referred to as qualifying organizations); and
·
Currently be, or will
be, doing business as an employer in the United States and in at least
one other country directly or through a qualifying organization for the
duration of the beneficiary’s stay in the United States as an L-1. While the
business must be viable, there is no requirement that it be engaged in
international trade.
Doing business means the regular, systematic, and continuous provision of
goods and/or services by a qualifying organization and does not include the
mere presence of an agent or office of the qualifying organization in the
United States and abroad.
Also to qualify, the
named employee must
·
Generally have been
working for a qualifying organization abroad for one continuous year within the
three years immediately preceding his or her admission to the United States;
and
·
Be seeking to enter
the United States to render services in a specialized knowledge capacity
to a branch of the same employer or one of its qualifying organizations.
Specialized knowledge means special knowledge possessed by an individual of the
petitioning organization’s product, service, research, equipment, techniques,
management, or other interests and its application in international markets, or
expertise in the organization’s processes and procedures. Such knowledge is
beyond the ordinary and not commonplace within the industry or the petitioning
organization. In other words, the employee must be more than simply skilled or
familiar with the employer’s interests.
Period of Stay
Qualified employees
entering the United States to establish a new office will be allowed a maximum
initial stay of one year. All other qualified employees will be allowed a
maximum initial stay of three years. For all L-1B employees, requests for
extension of stay may be granted in increments of up to an additional two
years, until the employee has reached the maximum limit of five years.
Family of L-1 Workers
The transferring
employee may be accompanied or followed by his or her spouse and unmarried
children who are under 21 years of age. Such family members may seek admission
in L-2 nonimmigrant classification and, if approved, generally will be granted
the same period of stay as the employee. If these family members are already in
the United States and seeking change of status to or extension of stay in L-2
classification, they may apply collectively, with fee, on Form I-539. Spouses
of L-1 workers may apply for work authorization by filing Form I-765 with fee.
If approved, there is no specific restriction as to where the L-2 spouse may
work.
The E-2 nonimmigrant
classification allows a national of a treaty country (a country with which the
United States maintains a treaty of commerce and navigation) to be admitted to
the United States when investing a substantial amount of capital in a U.S.
business. Certain employees of such a person or of a qualifying organization
may also be eligible for this classification. (For dependent family members,
see “Family of E-2 Treaty Investors and Employees” below.)
General Qualifications of a Treaty Investor
To qualify for E-2
classification, the treaty investor must:
·
Be a national of a
country with which the United States maintains a treaty of commerce and
navigation
· Have invested, or be
actively in the process of investing, a substantial amount of capital in a bona
fide enterprise in the United States
· Be seeking to enter
the United States solely to develop and direct the investment enterprise. This
is established by showing at least 50% ownership of the enterprise or
possession of operational control through a managerial position or other
corporate device.
An investment
is the treaty investor’s placing of capital, including funds and/or other
assets, at risk in the commercial sense with the objective of generating a
profit. The capital must be subject to partial or total loss if the investment
fails. The treaty investor must show that the funds have not been obtained,
directly or indirectly, from criminal activity.
A substantial
amount of capital is:
· Substantial in
relationship to the total cost of either purchasing an established enterprise
or establishing a new one
·
Sufficient to ensure
the treaty investor’s financial commitment to the successful operation of the
enterprise
· Of a magnitude to
support the likelihood that the treaty investor will successfully develop and
direct the enterprise. The lower the cost of the enterprise, the higher, proportionately,
the investment must be to be considered substantial.
A bona fide
enterprise refers to a real, active and operating commercial or
entrepreneurial undertaking which produces services or goods for profit. It
must meet applicable legal requirements for doing business within its
jurisdiction.
General Qualifications of the Employee of a Treaty Investor
To qualify for E-2
classification, the employee of a treaty investor must:
·
Be the same
nationality of the principal alien employer (who must have the nationality of
the treaty country)
·
Meet the definition
of “employee” under relevant law
· Either be engaging in
duties of an executive or supervisory character, or if employed in a lesser
capacity, have special qualifications.
If the principal alien
employer is not an individual, it must be an enterprise or organization at
least 50% owned by persons in the United States who have the nationality of the
treaty country. These owners must be maintaining nonimmigrant treaty investor
status. If the owners are not in the United States, they must be, if they were
to seek admission to this country, classifiable as nonimmigrant treaty
investors.
Special
qualifications are skills which make the employee’s services essential to the
efficient operation of the business. There are several qualities or
circumstances which could, depending on the facts, meet this requirement. These
include, but are not limited to:
·
The degree of proven
expertise in the employee’s area of operations
·
Whether others
possess the employee’s specific skills
·
The salary that the
special qualifications can command
·
Whether the skills
and qualifications are readily available in the United States.
Knowledge of a
foreign language and culture does not, by itself, meet this requirement. Note
that in some cases a skill that is essential at one point in time may become
commonplace, and therefore no longer qualifying, at a later date.
Period of Stay
Qualified treaty
investors and employees will be allowed a maximum initial stay of two years.
Requests for extension of stay may be granted in increments of up to two years
each. There is no maximum limit to the number of extensions an E-2 nonimmigrant
may be granted. All E-2 nonimmigrants, however, must maintain an intention to
depart the United States when their status expires or is terminated.
An E-2 nonimmigrant that
travels abroad may generally be granted an automatic two-year period of
readmission when returning to the United States. It is generally not necessary
to file a new Form I-129 with USCIS in this situation.
Terms and Conditions of E-2 Status
A treaty investor or
employee may only work in the activity for which he or she was approved at the
time the classification was granted. An E-2 employee, however, may also work
for the treaty organization’s parent company or one of its subsidiaries as long
as the:
·
Relationship between
the organizations is established
·
Subsidiary employment
requires executive, supervisory, or essential skills
·
Terms and conditions
of employment have not otherwise changed.
USCIS must approve
any substantive change in the terms or conditions of E-2 status. A “substantive
change” is defined as a fundamental change in the employer’s basic
characteristics, such as, but not limited to, a merger, acquisition, or major
event which affects the treaty investor or employee’s previously approved
relationship with the organization. The treaty investor or enterprise must
notify USCIS by filing a new Form I-129 with fee, and may simultaneously
request an extension of stay for the treaty investor or affected employee. The
Form I-129 must include evidence to show that the treaty investor or affected
employee continues to qualify for E-2 classification.
Family of E-2 Treaty Investors and Employees
Treaty investors and
employees may be accompanied or followed by spouses and unmarried children who
are under 21 years of age. Their nationalities need not be the same as the
treaty investor or employee. These family members may seek E-2 nonimmigrant
classification as dependents and, if approved, generally will be granted the
same period of stay as the employee. If the family members are already in the
United States and are seeking change of status to or extension of stay in an
E-2 dependent classification, they may apply by filing a single Form I-539 with
fee. Spouses of E-2 workers may apply for work authorization by filing Form
I-765 with fee. If approved, there is no specific restriction as to where the
E-2 spouse may work.
As discussed above,
the E-2 treaty investor or employee may travel abroad and will generally be
granted an automatic two-year period of readmission when returning to the
United States. Unless the family members are accompanying the E-2 treaty
investor or employee at the time the latter seeks readmission to the United
States, the new readmission period will not apply to the family members. To
remain lawfully in the United States, family members must carefully note the
period of stay they have been granted in E-2 status, and apply for an extension
of stay before their own validity expires.
O-1 Visa: Individuals with Extraordinary
Ability or Achievement
|
The O-1 nonimmigrant
visa is for the individual who possesses extraordinary ability in the sciences,
arts, education, business, or athletics, or who has a demonstrated record of extraordinary
achievement in the motion picture or television industry and has been
recognized nationally or internationally for those achievements.
The O nonimmigrant classification is commonly referred to as:
· O-1A: individuals
with an extraordinary ability in the sciences, education, business, or
athletics (not including the arts, motion pictures or television industry)
· O-1B: individuals
with an extraordinary ability in the arts or extraordinary achievement in
motion picture or television industry
· O-2: individuals who
will accompany an O-1, artist or athlete, to assist in a specific event or
performance. For an O-1A, the O-2’s assistance must be an “integral part” of
the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to
the completion of the O-1B’s production. The O-2 worker has critical skills and
experience with the O-1 that cannot be readily performed by a U.S. worker and
which are essential to the successful performance of the O-1
·
O-3: individuals who
are the spouse or children of O-1’s and O-2’s
General Eligibility Criteria
To qualify for an O-1
visa, the beneficiary must demonstrate extraordinary ability by sustained
national or international acclaim and must be coming temporarily to the United
States to continue work in the area of extraordinary ability.
Extraordinary ability
in the fields of science, education, business or athletics means a level of
expertise indicating that the person is one of the small percentages that has
risen to the very top of the field of endeavor.
Extraordinary ability
in the field of arts means distinction. Distinction means a high level of
achievement in the field of the arts evidenced by a degree of skill and
recognition substantially above that ordinarily encountered to the extent that
a person described as prominent is renowned, leading, or well-known in the
field of arts.
To qualify for an O-1
visa in the motion picture or television industry, the beneficiary must
demonstrate extraordinary achievement evidenced by a degree of skill and
recognition significantly above that ordinarily encountered to the extent the
person is recognized as outstanding, notable or leading in the motion picture
and/or television field.
Application Process O-1 Visa
The petitioner should
file Form I-129, Petition for Nonimmigrant Worker, (see Form I-129, Petition
for Nonimmigrant Worker, link to the right) with the USCIS office listed on the
form instructions. The petition may not be filed more than one year before the
actual need for the alien's services. To avoid delays, the Form I-129 should be
filed at least 45 days before the date of employment.
Evidentiary Criteria for O-1A
Evidence that the
beneficiary has received a major, internationally-recognized award, such as a
Nobel Prize, or evidence of at least (3) three of the following:
·
Receipt of nationally
or internationally recognized prizes or awards for excellence in the field of
endeavor
· Membership in
associations in the field for which classification is sought which require
outstanding achievements, as judged by recognized national or international
experts in the field
· Published material in
professional or major trade publications, newspapers or other major media about
the beneficiary and the beneficiary’s work in the field for which
classification is sought
·
Original scientific,
scholarly, or business-related contributions of major significance in the field
· Authorship of scholarly
articles in professional journals or other major media in the field for which
classification is sought
·
A high salary or
other remuneration for services as evidenced by contracts or other reliable
evidence
· Participation on a
panel, or individually, as a judge of the work of others in the same or in a
field of specialization allied to that field for which classification is sought
· Employment in a
critical or essential capacity for organizations and establishments that have a
distinguished reputation
If the above
standards do not readily apply to the beneficiary’s occupation, the petitioner
may submit comparable evidence in order to establish eligibility.
Evidentiary Criteria for O-1B
Evidence that the
beneficiary has received, or been nominated for, significant national or
international awards or prizes in the particular field, such as an Academy
Award, Emmy, Grammy or Director's Guild Award, or evidence of at least (3)
three of the following:
· Performed and will
perform services as a lead or starring participant in productions or events
which have a distinguished reputation as evidenced by critical reviews,
advertisements, publicity releases, publications, contracts or endorsements
· Achieved national or
international recognition for achievements, as shown by critical reviews or
other published materials by or about the beneficiary in major newspapers,
trade journals, magazines, or other publications
·
Performed and will
perform in a lead, starring, or critical role for organizations and
establishments that have a distinguished reputation as evidenced by articles in
newspapers, trade journals, publications, or testimonials.
·
A record of major
commercial or critically acclaimed successes, as shown by such indicators as
title, rating or standing in the field, box office receipts, motion picture or
television ratings and other occupational achievements reported in trade
journals, major newspapers or other publications
·
Received significant
recognition for achievements from organizations, critics, government agencies
or other recognized experts in the field in which the beneficiary is engaged,
with the testimonials clearly indicating the author's authority, expertise and
knowledge of the beneficiary's achievements
· A high salary or
other substantial remuneration for services in relation to others in the field,
as shown by contracts or other reliable evidence
If the above
standards do not readily apply to the beneficiary’s occupation in the arts, the
petitioner may submit comparable evidence in order to establish eligibility
(this exception does not apply to the motion picture or television industry).
Application Process O-2
The petitioner must
file a petition with USCIS for the O-2 visa. The petitioner should file Form
I-129, Petition for Nonimmigrant Worker, (see the “Form I-129, Petition for
Nonimmigrant Worker” link to the right) with the USCIS office listed on the
form instructions. An O-2 alien must be petitioned for in conjunction with the
services of the O-1 artistic or athletic alien. The petitioner may not file the
Form I-129 more than one year before the O nonimmigrant will begin employment.
To avoid delays, Form I-129 should be filed at least 45 days before the date of
employment.
Evidentiary Criteria for O-2
The evidence should
establish the current essentiality, critical skills, and experience of the O-2
beneficiary with the O-1 beneficiary and that the beneficiary has substantial
experience performing the critical skills and essential support services for
the O-1.
In the case of a specific motion picture or television production, the evidence
should establish that significant production has taken place outside the United
States and will take place inside the United States, and that the continuing
participation of the O-2 beneficiary is essential to the successful completion
of the production.
Period of Stay/Extension of Stay
Initial Period of Stay
|
Extension of Stay
|
Up to 3 years
|
USCIS will
determine time necessary to accomplish the initial event or activity in
increments of up to 1 year.
|
As an O nonimmigrant,
the beneficiary may be admitted to the United States for the validity period of
the petition, plus a period of up to 10 days before the validity period begins
and 10 days after the validity period ends. The beneficiary may only engage in
authorized employment during the validity period of the petition.
Extension of Stay
The petitioner must
request an extension of stay to continue or complete the same event or activity
by filing the following documentation with USCIS:
·
Form I-129, Petition
for Nonimmigrant Worker
·
A copy of the
beneficiary’s Form I-94, Arrival/ Departure Record
·
A statement from the
petitioner explaining the reasons for the extension
In order to assist
USCIS in adjudication of your request for extension, the statement should
describe the event or activity that was the basis for the original approval and
confirm that the extension is needed in order for the beneficiary to continue
or complete the same event or activity as described.
The beneficiary’s
spouse and children must file Form I-539, Application to Extend/Change
Nonimmigrant Status, and submit any supporting documents to extend their stay.
For more information see the “Form I-539 Application to Extend/Change
Nonimmigrant Status” link to the right.
Family of O-1 and O-2 Visa Holders
Any accompanying or
following to join spouse and children under the age of 21 may be eligible to
apply for an O-3 nonimmigrant visa, subject to the same period of admission and
limitations as the O-1/O-2 nonimmigrant. They may not work in the United States
under this classification, but they may engage in full or part time study on an
O-3 visa.
Changing Employers
If you are an O-1
nonimmigrant in the United States and you want to change employers, then your
new employer must file a Form I-129 with the USCIS office listed on the form
instructions.
If the petition was filed by an agent, an amended petition must be filed with
evidence relating to the new employer and a request for an extension of stay.
The North American
Free Trade Agreement (NAFTA) created special economic and trade relationships
for the United States, Canada and Mexico. The TN nonimmigrant classification
permits qualified Canadian and Mexican citizens to seek temporary entry into
the United States to engage in business activities at a professional level.
Among the types of
professionals who are eligible to seek admission as TN nonimmigrants are
accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may
be eligible for TN nonimmigrant status, if:
·
You are a citizen of
Canada or Mexico
·
Your profession
qualifies under the regulations
·
The position in the
United States requires a NAFTA professional
· You have a
prearranged full-time or part-time job with a U.S. employer (but not
self-employment - see documentation required below)
·
You have the
qualifications of the profession
Eligibility Criteria for Canadian Citizens
If you are a Canadian
citizen, then you are not required to apply for a visa with a U.S. consulate or
file a petition with U.S. Citizenship and Immigration Services (USCIS). You can
request admission as a TN nonimmigrant at a U.S. port of entry, and you must
provide the following documentation:
·
Proof of Canadian
citizenship
· Letter from your
prospective employer detailing items such as the professional capacity in which
you will work in the United States, the purpose of your employment, your length
of stay, your educational qualifications
·
Credentials
evaluation (if applicable)
If you are eligible
following inspection by a U.S. Customs and Border Protection (CBP) Officer,
then you will be admitted as a TN nonimmigrant. Form I-94, Arrival/ Departure
Record, will be evidence of your admission.
Eligibility Criteria for Mexican Citizens
If you are a Mexican
citizen, then you are not required to file a petition with USCIS. However, you
are required to obtain a visa to enter the United States as a TN nonimmigrant.
You should apply for a TN visa directly at a U.S. embassy or consulate in
Mexico. See the Department of State link to the right "Mexican and
Canadian NAFTA Professional Worker."
Once you are approved
for a TN visa you may apply for admission at a United States port-of-entry. If
you are eligible following inspection by a CBP Officer, then you will be admitted
as a TN nonimmigrant. Form I-94, Arrival/ Departure Record, will be evidence of
your admission.
Period of Stay/Extension of Stay
Initial Period of
Stay
|
Up to 3 years
|
If you wish to stay
beyond the time indicated on Form I-94, you must seek an extension of stay. If
you are in the United States, your employer may file Form I-129, Petition for
Nonimmigrant Worker, with USCIS. For more information see the “Extend Your
Stay” link to the right.
Note: You may apply
at a port of entry using the same application and documentation procedures
required at the time of your initial entry.
Family of TN Visa
Holders
Any accompanying or following to join
spouse and children under the age of 21 may be eligible for TD nonimmigrant
status. They must demonstrate a bona fide spousal or parent-child relationship
to you. Dependents do not have to be citizens of Mexico or Canada, but they
must contact the American embassy or consulate that serves their area for
information on how to apply for a visa. Spouses and children cannot work while
in the United States, but they are permitted to study.
Canadian Citizen’s
Dependents
Any spouse and children of a Canadian citizen do not need visas, but they must
provide the following documentation at the port of entry:
·
Proof of Canadian
citizenship
·
Proof of relationship
to the TN nonimmigrant, such as a marriage certificate or birth certificate
·
Photocopies of the TN
nonimmigrant’s entry documents
Mexican Citizen’s
Dependents
Any spouse and children of a Mexican
citizen must apply for the TD nonimmigrant status at an American embassy or
consulate.
Dependents Following
to Join
If any spouse and children are following to join the TN nonimmigrant, then they
must show a valid Form I-94 as proof that the TN nonimmigrant is maintaining
his or her TN nonimmigrant status.
3)
Students and Exchange
Visitors
If you wish to pursue full-time academic or vocational
studies in the United States, you may be eligible for one of two nonimmigrant
student categories. The “F” category is for academic students and the “M” is
for vocational students. To learn more, please see the Students and Exchange Visitors page on the Immigration and Customs Enforcement website.
If you wish to participate in an exchange program you may be
eligible for the “J” category for exchange visitors. The J visa program is for
educational and cultural exchange programs. For more information, please see
the Exchange Visitor Visa page on the Department of State website.
If you would like to
study as a full-time student in the United States, you will need a student
visa. There are two nonimmigrant visa categories for persons wishing to study
in the United States. These visas are commonly known as the F and M visas.
You may enter in the
F-1 or M-1 visa category provided you meet the following criteria:
· You must be enrolled
in an "academic" educational program, a language-training program, or
a vocational program
·
Your school must be
approved by USCIS
·
You must be enrolled
as a full-time student at the institution
·
You must be
proficient in English or be enrolled in courses leading to English proficiency
·
You must have
sufficient funds available for self-support during the entire proposed course
of study
·
You must maintain a
residence abroad which he/she has no intention of giving up.
F-1 Student Visa
The F-1 Visa
(Academic Student) allows you to enter the United States as a full-time student
at an accredited college, university, seminary, conservatory, academic high
school, elementary school, or other academic institution or in a language
training program. You must be enrolled in a program or course of study that
culminates in a degree, diploma, or certificate and your school must be
authorized by the U.S. government to accept international students.
M-1 Student Visa
The M-1 visa
(Vocational Student) category includes students in vocational or other
nonacademic programs, other than language training.
Employment
F-1 students may not
work off-campus during the first academic year, but may accept on-campus
employment subject to certain conditions and restrictions. There are various
programs available for F-1 students to seek off-campus employment, after the
first academic year. F-1 students may engage in three types of off-campus
employment, after they have been studying for one academic year. These three
types of employment are:
·
Curricular Practical
Training (CPT)
·
Optional Practical
Training (OPT) (pre-completion or post-completion)
·
Science, Technology,
Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)
M-1 students may
engage in practical training only after they have completed their studies.
For both F-1 and M-1
students any off-campus employment must be related to their area of study and
must be authorized prior to starting any work by the Designated School Official
(the person authorized to maintain the Student and Exchange Visitor Information
System (SEVIS)) and USCIS.
For more information
on the Student and Exchange Visitors Program, see the “Student & Exchange
Visitor Program, Immigration & Customs Enforcement” link to the right.
The J-1
classification (exchange visitors) is authorized for those who intend to
participate in an approved program for the purpose of teaching, instructing or
lecturing, studying, observing, conducting research, consulting, demonstrating
special skills, receiving training, or to receive graduate medical education or
training.
In carrying out the
responsibilities of the Exchange Visitor Program, the Department of State
designates public and private entities to act as exchange sponsors. J-1
nonimmigrants are therefore sponsored by an exchange program that is designated
as such by the U.S. Department of State. These programs are designed to promote
the interchange or persons, knowledge, and skills, in the fields of education,
arts, and science.
Examples of exchange
visitors include, but are not limited to:
·
Professors or
scholars
·
Research assistants
·
Students
·
Trainees
·
Teachers
·
Specialists
·
Nannies/Au pairs
·
Camp counselors
Application Process
The U.S. Department
of State plays the primary role in administering the J-1 exchange visitor
program, so the first step in obtaining a J-1 visa is to submit a Form DS-2019,
Certificate of Eligibility for Exchange Visitor Status, (formerly known as an
IAP-66). This form will be provided by your sponsoring agency. You should work
closely with the officials at your sponsoring agency that will be assisting you
through this process. An official who is authorized to issue Form DS-2019 is
known as a Responsible Officer (RO) or Alternate Responsible Officer (ARO).
Your RO or ARO will explain to you what documents are needed in order to be
issued a DS-2019.
After you have
obtained a Form DS-2019, you may then apply for a J-1 visa through the U.S.
Department of State at a U.S. embassy or consulate. The waiting time for an
interview appointment for applicants can vary, so submitting your visa
application as early as possible is strongly encouraged (though you may not
enter the United States in J-1 status more than 30 days before your program
begins).
Employment
Some J-1
nonimmigrants enter the United States specifically to work (as a researcher,
nanny, etc.) while others do not. Employment is authorized for J-1
nonimmigrants only under the terms of the exchange program. Please check with
your sponsoring agency for more information on any restrictions that may apply
to you working in the United States.
Family of J-1 Visa Holders
Your spouse and
unmarried children under 21 years of age, regardless of nationality, are entitled
to J-2 classification. Your spouse and children are entitled to work
authorization; however, their income may not be used to support you. To apply
for work authorization as a J-2 nonimmigrant, your spouse or child would file
Form I-765, Application for Employment Authorization. For more information on
the application procedures, see the “Work Authorization” link to the right.
4)
Humanitarian
Every year people
come to the United States seeking protection because they have suffered
persecution or fear that they will suffer persecution due to:
·
Race
·
Religion
·
Nationality
·
Membership in a
particular social group
·
Political opinion
You may include your
spouse and children who are in the United States on your application at the
time you file or at any time until a final decision is made on your case. To
include your child on your application, the child must be under 21 and
unmarried. For more information see our Form I-589, Application for Asylum and
for Withholding of Removal page.
Permission to Work in the United States
You cannot apply for
permission to work (employment authorization) in the United States at the same
time you apply for asylum.
You may apply for
employment authorization if:
· 150 days have passed
since you filed your complete asylum application, excluding any delays caused
by you (such as a request to reschedule your interview) AND
·
No decision has been
made on your application
If you are granted
asylum you may work immediately. Some asylees choose to obtain Employment
Authorization Documents (EADs) for convenience or identification purposes, but
an EAD is not necessary to work if you are an asylee.
To apply for
employment authorization, you must file a Form I-765, Application for Employment Authorization. There is no fee to apply for your first EAD if you have a
pending asylum application or if you have been granted asylum. For more
information see our Form I-765, Application for Employment Authorization page.
Bringing Your Family to the United States
If you are granted
asylum you may petition to bring your spouse and children to the United States
by filing a Form I-730, Refugee/Asylee Relative Petition. To include your child on your application, the child must
be under 21 and unmarried.
You must file the
petition within two years of being granted asylum unless there are humanitarian
reasons to excuse this deadline. There is no fee to file this petition. For
more information see our Form I-730, Refugee/Asylee Relative Petition” page.
Filing for Permanent Residence (Green Card)
5)
Green Card (Permanent
Residence)
Employment-Based Immigration: First
Preference EB-1
|
You may be eligible
for an employment-based, first-preference visa if you have an extraordinary
ability, are an outstanding professor or researcher, or are a multinational
executive or manager. Each occupational category has certain requirements that
must be met:
Eligibility Criteria
Categories
|
Description
|
Evidence
|
Extraordinary
Ability
|
You
must be able to demonstrate extraordinary ability in the sciences, arts,
education, business, or athletics through sustained national or international
acclaim. Your achievements must be recognized in your field through extensive
documentation. No offer of employment is required.
|
You
must meet 3 of 10 criteria* below, or provide evidence of a one-time
achievement (i.e., Pulitzer, Oscar, Olympic Medal)
|
Outstanding
professors and researchers
|
You
must demonstrate international recognition for your outstanding achievements
in a particular academic field. You must have at least 3 years experience in
teaching or research in that academic area. You must be entering the United
States in order to pursue tenure or tenure track teaching or comparable
research position at a university or other institution of higher education.
|
You
must include documentation of at least two listed below** and an offer of
employment from the prospective U.S. employer.
|
Multinational
manager or executive
|
You
must have been employed outside the United States in the 3 years preceding
the petition for at least 1 year by a firm or corporation and you must be
seeking to enter the United States to continue service to that firm or
organization. Your employment must have been outside the United States in a
managerial or executive capacity and with the same employer, an affiliate, or
a subsidiary of the employer.
|
Your petitioning
employer must be a U.S. employer. Your employer must have been doing business
for at least 1 year, as an affiliate, a subsidiary, or as the same
corporation or other legal entity that employed you abroad.
|
* Criteria for Demonstrating Extraordinary Ability
You must meet 3 out of the 10 listed
criteria below to prove extraordinary ability in your field:
·
Evidence of receipt
of lesser nationally or internationally recognized prizes or awards for
excellence
· Evidence of your
membership in associations in the field which demand outstanding achievement of
their members
·
Evidence of published
material about you in professional or major trade publications or other major
media
·
Evidence that you
have been asked to judge the work of others, either individually or on a panel
· Evidence of your
original scientific, scholarly, artistic, athletic, or business-related
contributions of major significance to the field
· Evidence of your
authorship of scholarly articles in professional or major trade publications or
other major media
·
Evidence that your
work has been displayed at artistic exhibitions or showcases
·
Evidence of your
performance of a leading or critical role in distinguished organizations
·
Evidence that you
command a high salary or other significantly high remuneration in relation to
others in the field
·
Evidence of your
commercial successes in the performing arts
** Examples of Documentary Evidence That A Person is an
Outstanding Professor Or Researcher
·
Evidence of receipt
of major prizes or awards for outstanding achievement
· Evidence of
membership in associations that require their members to demonstrate
outstanding achievement
· Evidence of published
material in professional publications written by others about the alien's work
in the academic field
· Evidence of
participation, either on a panel or individually, as a judge of the work of
others in the same or allied academic field
·
Evidence of original
scientific or scholarly research contributions in the field
· Evidence of
authorship of scholarly books or articles (in scholarly journals with
international circulation) in the field
Application Process
· Extraordinary
Ability: You may petition for yourself by
filing a Form I-140, Petition for Alien Worker.
· Outstanding
Professors and Researchers: Your employer must
file a Form I-140, Petition for Alien Worker.
· Multinational Manager
or Executive: Your employer must
file USCIS Form I-140, Petition for Alien Worker.
Employment-Based Immigration: Second
Preference EB-2
|
You may be eligible
for an employment-based, second preference visa if you are a member of the
professions holding an advanced degree or its equivalent, or a foreign national
who has exceptional ability. Below are the occupational categories and
requirements:
Eligibility Criteria
Sub-Categories
|
Description
|
Evidence
|
Advanced
Degree
|
The job
you apply for must require an advanced degree and you must possess such a
degree or its equivalent (a baccalaureate degree plus 5 years progressive
work experience in the field).
|
Documentation, such
as an official academic record showing that you have a U.S. advanced degree
or a foreign equivalent degree, or an official academic record showing
that you have a U.S. baccalaureate degree or a foreign equivalent degree and
letters from current or former employers showing that you have at least 5
years of progressive post-baccalaureate work experience in the specialty.
|
Exceptional
Ability
|
You
must be able to show exceptional ability in the sciences, arts, or business.
Exceptional ability “means a degree of expertise significantly above that
ordinarily encountered in the sciences, arts, or business.”
|
You
must meet at least three of the criteria below.*
|
National
Interest Waiver
|
Aliens
seeking a national interest waiver are requesting that the Labor
Certification be waived because it is in the interest of the United States.
Though the jobs that qualify for a national interest waiver are not defined
by statute, national interest waivers are usually granted to those who have
exceptional ability (see above) and whose employment in the United States
would greatly benefit the national. Those seeking a national interest waiver
may self-petition (they do not need an employer to sponsor them) and may file
their labor certification directly with USCIS along with their Form I-140,
Petition for Alien Worker.
|
You
must meet at least three of the criteria below* and demonstrate that it is in
the national interest that you work permanently in the United States.
|
* Criteria
· Official academic
record showing that you have a degree, diploma, certificate, or similar award
from a college, university, school, or other institution of learning relating
to your area of exceptional ability
·
Letters documenting
at least 10 years of full-time experience in your occupation
·
A license to practice
your profession or certification for your profession or occupation
· Evidence that you
have commanded a salary or other remuneration for services that demonstrates
your exceptional ability
·
Membership in a
professional association(s)
· Recognition for your
achievements and significant contributions to your industry or field by your
peers, government entities, professional or business organizations
·
Other comparable
evidence of eligibility is also acceptable.
Note:
Employment-based, second-preference petitions must generally be accompanied
by an approved individual labor certification from the Department of Labor on
Form ETA-750. Please see the Department of Labor’s “Foreign Labor
Certification” link to the right for more information.
Family of EB-2 Visa Holders
Your spouse and
children under the age of 18 may be admitted to the United States in E-21 and
E-22 immigrant status, respectively. During the process where you and your
spouse are applying for permanent resident status (status as a green card
holder), your spouse is eligible to file for an Employment Authorization
Document (EAD).
Employment-Based Immigration: Third
Preference EB-3
|
You may be eligible
for this immigrant visa preference category if you are a skilled worker,
professional, or other worker.
·
“Skilled workers” are
persons whose job requires a minimum of 2 years training or work experience,
not of a temporary or seasonal nature
·
“Professionals” are
persons whose job requires at least a U.S. baccalaureate degree or a foreign
equivalent and are a member of the professions
·
The “other workers”
subcategory is for persons performing unskilled labor requiring less than 2
years training or experience, not of a temporary or seasonal nature.
Eligibility Criteria
Sub-categories
|
Evidence
|
Certification
|
Skilled
Workers
|
·
You must be able to
demonstrate at least 2 years of job experience or training
·
You must be
performing work for which qualified workers are not available in the United
States
|
Labor
certification and a permanent, full-time job offer required.
|
Professionals
|
·
You must be able to
demonstrate that you possess a U.S. baccalaureate degree or foreign degree
equivalent, and that a baccalaureate degree is the normal requirement for
entry into the occupation
· You must be
performing work for which qualified workers are not available in the United
States
· Education and
experience may not be substituted for a baccalaureate degree
|
Labor
certification and a permanent, full-time job offer required.
|
Unskilled
Workers (Other Workers)
|
You
must be capable, at the time the petition is filed on your behalf, of
performing unskilled labor (requiring less than 2 years training or
experience), that is not of a temporary or seasonal nature, for which
qualified workers are not available in the United States.
|
Labor
certification and a permanent, full-time job offer required.
|
Note: While eligibility
requirements for the third preference classification are less stringent, you
should be aware that a long backlog exists for visas in the "other
workers" category.
U.S. Department of Labor – Labor Certification
Third preference
petitions must generally be accompanied by an approved, individual labor
certification from the Department of Labor on Form ETA-9089. In some cases, the
petition may be submitted to U.S. Citizenship and Immigration Service (USCIS)
with an uncertified ETA-9089 for consideration as Schedule A, Group I.
Application Process
Your employer
(petitioner) must file a Form I-140, Petition for Alien Worker. As part of the
application process, your employer must be able to demonstrate an ability to
pay the offered wage as of your visa priority date. Your employer may use an
annual report, federal income tax return, or audited financial statement to
demonstrate an ability to pay your wage.
Family of EB-3 Visa Holders
Your spouse may be admitted to the United States in E34 (spouse of a “skilled
worker” or “professional”) or EW4 (spouse of an “other worker”). During the
process where you and your spouse are applying for permanent resident status
(status as a green card holder), your spouse is eligible to file for an
Employment Authorization Document (EAD). Your minor children (under the age of
18) may be admitted as E35 (child of a “skilled worker” or “professional”) or
EW5 (child of an “other worker”).
6)
Citizenship
Citizenship Through Naturalization
|
Naturalization is the
process by which U.S. citizenship is granted to a foreign citizen or national
after he or she fulfills the requirements established by Congress in the
Immigration and Nationality Act (INA).
How to Apply for Naturalization
For more information,
see our How Do I Apply for Citizenship? guide. We also provide educational materials to help you
prepare for the English, U.S. history and civics portions of the naturalization
test, including:
You May Qualify for Naturalization if:
·
You have been a
permanent resident for at least 5 years and meet all other eligibility
requirements, please visit our General Path to Citizenship page for more information.
·
You have been a
permanent resident for 3 years or more and meet all eligibility requirements to
file as a spouse of a U.S. citizen, please visit our For Spouses of U.S. Citizens page for more information.
·
You have qualifying
service in the U.S. armed forces and meet all other eligibility requirements.
Visit the Military section of our website.
·
Your child may
qualify for naturalization if you are a U.S. citizen, the child was born
outside the U.S., the child is currently residing outside the U.S., and all
other eligibility requirements are met.
You may also qualify
through other paths to naturalization if you do not qualify through the paths
described on the links to the left. See our A Guide to Naturalization guide. Chapter 4 of the guide discusses who is eligible for
Naturalization.
SL FINANCIAL can assist you relocating to the USA ... from immigration by connecting you to immigration professionals (attorneys, etc.) to financial solutions (banking/insurances, tax planning, business entity creation, etc.).
A. Sime, CEO
