Resources & FAQs
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At birth or through naturalization, acquisition, or derivation.
Naturalization: The way to become a U.S. citizen if you were born outside the US. Learn more about eligibility at USCIS
To be eligible, you’ll need to be 18 or older, and fit into one of these categories:
-5 years as a lawful resident
-3 years of being married to a US citizen
-Qualified for U.S. military service
Naturalization is the most common way for immigrants to get U.S. citizenship. Every year, about 1 million permanent residents apply to become a U.S. citizen.
Acquisition: The way foreign-born children can automatically get citizenship by being born to parents who are U.S. citizens
Derivation: The way children who are born to naturalized citizens can get U.S. citizenship
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It depends on your visa category. If you’re eligible, you’ll need to fill out the application form and paperwork, attach any photos or documentation, pay application fees, and submit it to USCIS for review. Most work visas require sponsorship from an employer.
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U.S. employment-based immigration includes quite different green card categories. The U.S. issues approximately 140,000 employment-based immigrant visas annually. The focus is on the applicant's professional qualifications and, if applicable, a concrete job offer in the United States.
Employment based green cards are divided up into five green Card categories. This is due to the fact that green gard applicants can have very different professional qualifications. In the event that a specific job offer is required, this is subject to a special procedure of the national labor market examination, the so-called PERM Labor Certification. Spouses and children under 21 may also receive a green card (lawful permanent status) when the principal applicant receives their green card.
EB-1 Visa: First Preference category. May qualify if foreign national has extraordinary abilities, is an outstanding professor or researcher, or is a certain multinational executive or manager.
EB-2 Visa: Second Preference category. May qualify for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. *Long PERM Labor Certification process is generally required.
EB-3 Visa: Third Preference category. May qualify for this immigrant visa preference category if you are a skilled worker, professional, or other worker. *Long PERM Labor Certification process is required.
EB-4 Visa: Fourth Preference category. This is a specialized category of visa, eligibility to which includes but isn’t limited to: certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, and noncitizen minors who are wards of courts in the United States. Some families may be eligible for admission.
EB-5 Visa: Fifth Preference category. EB-5 visas cover the Immigrant Investor Program. These are available to people who make either an investment of 1.8 million USD in a new commercial enterprise that employs at least 10 full-time U.S. workers, or 900,000 USD in a new commercial venture in a targeted employment area that employs at least 10 full-time U.S. workers.
*Processing times depend on the preference categories listed above, the foreign national’s country of birth and the Department of State’s visa bulletin. For example, a foreign national born in Italy applying for the EB-1 category may get his green card in a year and half while a foreign national born in China applying under the EB-2 category may get her green card in roughly 5 years.
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USCIS also known as United States Citizenship and Immigration Services. USCIS is a federal agency in the Department of Homeland Security. The USCIS is one of the federal agencies responsible for all lawful immigration to the US.
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H-1B visa is a work visa for professional workers in a specialty occupation. The foreign national must have an offer of employment from a U.S. employer, and the job position must be in a specialty occupation. Generally, this means that a bachelor’s degree or higher in a specific field of study is required to do the job. The U.S. employer must sponsor the foreign national for the H-1B visa by filing an I-129 Petition with USCIS and submitting a labor condition application. There are a limited number of H-1B visas issued each year. Due to the high demand of H-1B work visas, many companies utilize an experienced immigration law firm to navigate the complicated process. Generally, this U.S. work visa can be extended up to six years.
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The L-1 work visa is generally utilized by companies to bring executives, managers, or employees with specialized knowledge from a foreign branch to the United States. The L-1 visa holder may be a temporary transfer to the U.S. branch of the company or may be sent for the purpose of establishing a U.S. presence. Additionally, the L-1 employee must have worked for the foreign employer for one continuous year within the past three years immediately preceding entry to the United States. The L-1 U.S. work visa is sub-categorized into L-1A (managerial/executive capacity) and L-1B (specialized knowledge) visas. In addition to for-profit multinational companies, nonprofit, religious, and charitable organizations may utilize the L-1 type of work visa. Generally, employees are granted an L-1 visa for an initial period of three years that can be extended up to a maximum of seven years.
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The O-1 visa is a work visa type that enables U.S. employers to recruit foreign nationals with certain extraordinary abilities. The O-1A visa includes individuals with an extraordinary ability in the sciences, education, business, or athletics. And the O-1B visa covers individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. O-1 visa holders are granted an initial period of stay of up to three years that can be extended in one-year increments in some cases.
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A P-3 visa is for those who want to temporarily enter the U.S. in order to perform, teach or coach in a culturally unique program. The P3 visa is available for artists, entertainers, and their support personnel. Applicants can enter the U.S. either as individuals or as members of a group.
While in the United States, artists or entertainers can perform in exchange for payment or prize money as well as engage in part-time study if interested. P-3 visas are valid for an initial period of up to a year. They are usually issued for the period of time it takes to complete the program or events.
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The TN visa is available to qualifying nationals of Canada and Mexico for the purpose of working for a U.S. employer. But there are very specific eligibility requirements. This U.S. work visa type is only available to certain professions. The list contains a variety of occupations including: accountants, architects, engineers, designers, lawyers, pharmacists, scientists and teachers. Generally, the visa applicant must possess a Bachelor’s degree or higher to be considered a professional in the TN category. TN professionals are granted an initial period of stay of three years with possible extensions of stay for another three years.
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The E-1 visa allows foreign nationals of certain countries to visit the United States for the purposes of international trade. Alternatively, certain individuals may qualify for an E-2 visa as a Treaty Investor. Applicants must be a national of a country that maintains a trade treaty with the U.S. and must establish that they’re coming to the U.S. pursuant to that treaty to carry on substantial trade. For the Treaty Investor, the investment must be substantial in a real operating enterprise that has a significant economic impact in the U.S. A large investment in a passive bank account won’t fulfill the requirement.
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A E-3 is a work visa that applies to Australian nationals who wish to come to the United States solely to work in a specialty occupation. This includes companies that operate in IT, international business, healthcare, and academic research.
Since this permit is dedicated only to nationals from Australia, your chances to get your visa may be higher than other petitions such as an H-1B visa. The USCIS has established a cap of 10,500 E3 visa applications that can be processed every year.
E-3 Visa holders can stay in the U.S. for up to two years, with no limit to the number of extensions (unless exemptions apply).
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A B-1 Temporary Business visa is a common nonimmigrant visa for the U.S. that is issued for authorized and limited professional activities to the temporary stay in the United States. Business travelers who wish to enter the United States for more than 90 days require a B-1 visa. The same applies to persons who do not qualify for the Visa Waiver Program due to their citizenship. With a B-1 visa you may execute certain business activities, which are classified as "work". B-1 visa holders are not allowed to work productively under any circumstances. Other work visa alternatives would have to be acquired.
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A B-2 Tourist visa is a U.S. nonimmigrant visa for visitors, individuals and tourists. With a B-2 tourist visa, the holder can stay in the United States for a limited period of time as a vacationer. The official name of the visa category is B-2 Temporary Visitor for Pleasure.
Under tourist/private purposes fall mainly
-Vacation stays
-Visiting family and friends
-Medical treatments
-Participation in social and sporting events.
In contrast to the visa waiver program, holders of the B-2 visa may stay in the U.S. not only for 90 days, but up to a maximum of 180 days per entry. The exact duration of the stay is at the discretion of the responsible Customs and Border Patrol officials.
*The B-2 visa does not include permission to work, i.e. with a B visa you are not allowed to work in the USA. School or university visits and internships are also excluded.
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A F-1 visa allows for attendance at an academic/scientific educational institution in the U.S. (e.g. university, college, etc.). As long as a course of study is maintained, students may work. Students cannot work off-campus during the first academic year, but may accept on-campus employment subject to conditions and restrictions. After the first academic year, F-1 students can engage in three types of off-campus employment:
-Curricular Practical Training (CPT)
-Optional Practical Training (OPT) (pre-completion or post-completion)
-Science, Technology, Engineering, and Mathematics (STEM) OPT
F-2 visas are available for the family of the student, including spouse and children.
Several requirements must be met for the approval of F-1 visas, both on the part of the applicant, i.e. the student, and on the part of the corresponding educational institution.
Requirements for educational institutions:
The educational institution in the U.S. must have a SEVIS registration. SEVIS stands for Student and Exchange Visitor Information System and is a web-based database created by the U.S. government to enable the Department of Homeland Security and the U.S. Department of State to view the data of all exchange students who are in the US.
SEVIS registration of the educational institution is required in order for the I-20 Form can be issued, which must be presented when applying for the F-1 visa at the U.S. consulate.
Not all educational institutions are authorized to issue the I-20 form. It is therefore necessary to find out in advance whether the educational institution is actually SEVIS-registered. This can be found in the web-based School Search Tool of the U.S. Department of Homeland Security.
Requirements for students
F-1 applicants must also meet certain requirements:
Study place
Prior to applying for F-1 visas, a written application must have been received and successfully completed by the desired educational institution in order for the necessary I-20 form to be issued.
Funding
The financing of the studies and living expenses must be secured through own funds or scholarships.
Intention to return
Proof of permanent residence in the home country must be provided and, if necessary, further proof of intention to return must be provided.
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A J-1 visa allows you, among other things, a internship or training in the United States. Various exchange programs fall under the category of J-1 visas, the processing of which is very extensive compared to other visa categories. A J-1 Visa ("J-1 Exchange Visitor Visa") is required to participate in certain exchange programs. These include for example:
-Internships
-Trainee positions
-High School Stays
-Au Pair
-Summer Work & Travel
-Research Scholar
The U.S. government initiated these programs to promote mutual understanding between the United States and other countries through these cultural and educational programs.
For companies and their employees, the two J-1 categories Internal (internship) and Trainee (training) are relevant. While the term "Internal" relates to a study-related internship abroad, falls under the term "Trainee" a job-related training.
Internships and training courses are not considered purely work experience, but rather serve to exchange social and cultural characteristics in the corporate context as well as to get to know US corporate processes.
Under no circumstances may interns or trainees on J-1 visas engage in ordinary employment, perform unskilled labor, or even replace the position of U.S. employees on a part-time or full-time basis. Of course, the internship or training may still be compensated; however, this is optional and not a requirement. Generally, "Intern" programs must be compensated for six months or more; "Trainee" programs must always be compensated.