Immigrant Visas
Immigrant Visas allow foreign nationals to enter the United States to live and work permanently. The Permanent Residence Card, also known as a Green card, will be issued to you when your adjustment of status application is approved. A Permanent Resident must intend to permanently reside in the United States and remain in the States.
As a non-citizen, you are allowed to petition for yourself, your spouse, and children below 21 years old. An employer can also petition on your behalf, and you can include your family in the application. If the beneficiary of the immigrant visa is outside the United States, the application can be filed by way of Consular Processing. A beneficiary who is already in the United States in another visa category, may file to adjust to immigrant status.
Every year, millions of international travelers enter the United States for employment, business or pleasure. They are usually issued non-immigrant visas at the Consulate in their home country before admission to the U.S. Non-Immigrant visas are temporary visas that allow foreign nationals to enter the United States temporarily.
Sometimes, USCIS may require that the non-immigrant visa application must be filed in the United States and if approved, the beneficiary will have to go to the U.S consulate in their country to obtain the visa document on their passport.
Employment Based Immigrant Visas
EB-1: Employment-based, first-preference visa.
The EB-1 allows a foreign individual to live and work in the United States if they are of extraordinary ability, an outstanding professor or researcher, or a multinational executive or manager. You may apply for yourself or your U.S employer may apply on your behalf. And you must meet certain requirements for occupational category. If your petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.
EB-2: Employment-based, second-preference visa.
The EB-2 allows a foreign individual to live and work in the United States if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. Your U.S employer may apply for you, and you must meet certain requirements. If your petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.
EB-3: Green Card for Nurses and Skilled Workers.
If are you a skilled worker whose job requires a minimum of 2 years training or experience. Or you are a Professional whose job requires at least a U.S. baccalaureate or foreign equivalent degree, and you are a member of the professions such as Nursing, you may be eligible for the EB-3 immigrant visa preference category. Your spouse and unmarried children under the age of 21 may also be eligible to apply for admission to the United States.
EB-4: Green Card for Special Immigrants
Some special immigrants are eligible to petition for a green card so they can live and work in the U.S. Religious workers, special immigrant juveniles, journalists, employees of G-4 International organizations and certain physicians, are eligible for the employment based fourth preference visa.
EB-5 Investor Visa
The EB-5 Program is administered by the USCIS. Under this program, investors are eligible to apply for permanent residence if they make the necessary investment in a qualifying commercial enterprise in the United States. And they plan to create or preserve at least 10 permanent full-time jobs for qualified U.S. workers. Their spouses and unmarried children under 21 are eligible to be included in the petition.
Employment Based Non -Immigrant Visas
E-1, E-2, E-3 Visas for Temporary Workers
The E visa category includes treaty traders and investors who come to the United States under a treaty of commerce between the United States and the country of which they are a citizen or national, including Australian specialty occupation workers.
You cannot apply for E-1 or E-2 status from outside of the U.S. If already in the U.S., a company may also request a change of status for you, from another non-immigrant visa to E-1, E-2 or E-3. If outside the United States, once USCIS approves your application, you must apply and receive an E-3 visa from a U.S. consulate or embassy overseas before entering the United States.
H-1B Visa
The H-1B nonimmigrant visa is the most frequently obtained nonimmigrant work permit, available to foreign nationals who wish to come temporarily to the U.S to perform services in a specialty occupation full-time or part-time.
A specialty occupation is one that requires; specialized knowledge, at least a bachelor’s degree or higher in the specific area, or the individual possesses equivalent work experience as a minimum requirement for entry into the occupation. The spouse and children are eligible for H-4 visa.
L-1A: Multinational Executive and Intracompany Transferee Executive or Manager.
The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. The beneficiary must have been working for the foreign office for at least one year within the last 3 years prior to filing the application with USCIS.
This classification also enables a foreign company that does not yet have a U.S. office to send an executive or manager to the United States with the purpose of establishing a new office. The spouse and children are eligible for L-2 visa.
The O-1 Employment Non-Immigrant U.S Visa
The O-1 non-immigrant visa is issued by United States Citizenship and Immigration Service, to individuals with extra ordinary abilities in athletics, arts, education, business, motion picture, television industry or in the sciences.
Foreign nationals who demonstrate extra-ordinary ability by national or international acclaim in a level of expertise indicating that the individual is of the small percentage who have risen to the Pinnacle of their field may be eligible for the O-1 Visa.
Professors, scientists, athletes, artists, musicians, movie directors, producers, entrepreneurs who have been recognized for extra-ordinary achievements in their fields may seek to enter the US on O-1 visa, along with their dependents and assistants.
Student Visas
F-1 Academic Student Visa
The F-1 Academic Student Visa 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 Vocational Student Visa
The M-1 visa category includes students in vocational or other nonacademic programs, other than language training.
Family Based Immigration
I-130 Petition for Alien Relative
When you want to apply for your alien relative to come to the United States, you must start the process by submitting a Form I-130 to USCIS. If the petition is approved, your relative may apply for a Green Card through consular processing. If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card by filing an application to Adjust Status simultaneously with the Petition for Alien Relative or based on a previously approved petition.
K-1 Fiancé Visa
The K-1 non-immigrant visa allows the alien fiancé of a citizen to enter the U.S so they can marry within 90 days and file for adjustment of status. Their children are eligible to follow on a K-2 visa.
K-3 Non-Immigrant Visa for a Spouse
The alien spouse of a U.S citizen may enter the U.S on a K-3 visa, along with their children (K-4), while approval for a Form I-130 Petition for Alien Relative is pending and prior to availability of an immigrant visa.
Adjustment of Status
I-485: Green Card Application
Your Green Card process starts with filing a Form I-485 Application to Register Permanent Residence or Adjust Staus. This application can only be filed when you are physically in the United States.
Naturalization
N-400: Application for Naturalization
The process of becoming a United States citizen is called Naturalization. If you were born outside of the U.S and you meet certain requirements, you may become a U.S. citizen either at birth or after birth.
Asylum
People who have suffered persecution in their home country, or fear that they will suffer persecution, may be eligible to seek protection in the United States and may be granted asylum. You may only file this application if you are physically present in the United States, and you are not a U.S. citizen. And it must be filed within 1 year of your arrival to the United States. You may include your spouse in your asylum application as a dependent. And your children who are under 21 years, unmarried and are physically present in the United States.
Appeals
In the event that your immigration case is denied, in some cases, you are allowed to appeal the decision to the Administrative Appeals Office of USCIS to see if the case was wrongly denied.
Waivers
Waivers are a form of relief from immigration penalties for certain foreign nationals may not be allowed to enter the United States or obtain status here. They may be eligible to apply for and receive a waiver.
As an example, if you do not leave the U.S on or before your authorized period of stay expires, your visa will be automatically voided, and you will be unable to apply for a visa in any U.S Consulate outside your home country. Also, you may begin to accrue unlawful presence and may be banned from re-entry into the U.S from 3 to 10 years depending on how long you have overstayed.
In a situation like this, you may become eligible to apply for a waiver if you meet some conditions of eligibility.
Consular Services
In some cases, visa applications must be processed at a Consulate outside of the United States by the U.S Department of State. We can assist you with filing and processing your family or employment-based immigrant or non-immigrant visa application with a U.S Consulate.