Expat USA - Immigration & Visas

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.  See www.uscis.gov for more information.
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. See www.uscis.gov for more information.

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.

E-2 Treaty Investors

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.)

See U.S. Department of State's Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.

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.

TN NAFTA Professionals

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.

U.S. Federal Tax Information (contact www.sl-financial.com/taxes.html) 

Aliens temporarily present in the United States as students, trainees, scholars, teachers, researchers, exchange visitors and cultural exchange visitors are subject to special rules with respect to the taxation of their income.

Students

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.

Exchange Visitors

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

Asylum

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

If you are eligible for asylum you may be permitted to remain in the United States. To apply for Asylum, file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival to the United States. There is no fee to apply for asylum.

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)

You may apply for a green card one year after being granted asylum. To apply for a green card, file a Form I-485, Application to Register Permanent Residence or to Adjust Status. You must submit a separate I-485 application packet for yourself and, if applicable, for each family member who received derivative asylum based on your case.

For more information about green cards, see our Green Cards for an Asylee page. For more information about asylum, see our Questions & Answers: Asylum page.

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

To apply for naturalization, file Form N-400, Application 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:

·         Naturalization Self Test

·         Study for the Naturalization Test

For more test information visit our Naturalization Test page.

If you are in the military and are interested in becoming a U.S. citizen, please see the M-599, Naturalization Information for Military guide.

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.

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