Immigration 101

Immigration 101
A Basic Overview

This page focuses on the Non-immigrant Visas, Immigrant Visas, US Visa Classifications and Categories

Immigration 101click on links below to jump directly to a topic......

US Visas:

A US visa is necessary for any foreign citizen to enter the United States. There are primarily two categories of visas, namely, an immigrant visa and a non-immigrant visa. The immigrant visas are issued for aliens who intent to reside permanently in the country. The non-immigrant visas are available to non-citizens who wish to be in the United States on a temporary basis. US visas issued for tourism, business, medical treatment, temporary work, and study are a few examples of nonimmigrant visas.

Certain US visas authorize a person to change or “adjust status” while in the United States. For example,

  • An alien may enter the U.S. on a tourist visa and change to a student visa in order to attend college.
  • An alien may come on a non-immigrant visa and apply for permanent residency (Green Card).

Other US visas require that the person enter the country for a specified period of time and return home.

Non-Immigrant Visas:

Foreign nationals who are traveling to the U.S. for a temporary intention are categorized under US law as non-immigrants. The law necessitates that these people provide proof that they don’t plan to immigrate to the United States. A non-immigrant visa is applied for at the US Consulate in the alien’s home country. As these visas are temporary, the individual must show:

  • The financial resource of support while in the United States
  • Intent to return to the home country

There are several types of non-immigrant visas, according to the purpose of the trip. For instance, there are special visas for fiances of US citizens, diplomatic employees, tourists, business people, exchange visitors, au pairs, treaty traders/investors, registered nurses, vocational students, religious workers, musicians, athletes, performers, and many more. For further information visit the page Non-Immigrant Visas.

Immigrant Visas:

Foreign nationals who wish to live and work permanently in the United States are classified as immigrants. They must obtain an immigrant visa (“green card”) allowing them to stay indefinitely. Certain individuals may apply on their own behalf. All other persons are required to have a potential employer or relative apply for them.

Family Based Green Card and Employment Based Green Card are two major ways to get the US green card. Other ways include political asylum, refugee, and diversity lottery.

Family-based petition categories include:

  • The US Citizen filing for the foreign relative or fiancé; and
  • The Permanent Resident (green card holder) filing for the foreign relative

The U.S. Citizen can file for their fiancé, spouse, parent, children, brother or sister. The green card holder can file for their spouse or children. (See Family Based Information page for more information)

The length of the wait for an immigrant visa varies according to the country of nationality and the type of family relationship or work visa. Once a visa becomes available, the applicants must show that they are admissible to the United States by:

  • Obtaining someone willing to sponsor them so that the sponsored person does not become a public charge.
  • Proving that they have passed a medical exam and have required vaccinations.
  • Demonstrating that they cannot pose a security risk.
  • Proving that they cannot have committed crimes or engaged in immoral behavior.
  • Pursuant to the new immigration law.
  • A person who leaves the US after being here unlawfully for over 180 days is barred from re-entering for 3 years.
  • A person who leaves the United States after being here unlawfully for over one year is barred from re-entering for 10 years. (There are discretionary waivers in limited circumstances)

Employment-Based Immigrant Visas:

Employment-based immigrants will require a US company to sponsor them in order to obtain a green card. Each year, nearly 140,000 applicants are awarded green cards under this category. Employment based visas are divided into five preference categories. Some categories necessitate Labor Certification from the USDOL. (See PERM-Labor Certification)

This category does not include:

  • Immigrants with extraordinary abilities. For example, athletes, musicians, artists, scientists, etc.
  • Certain investors.
  • Special immigrants. For instance, religious workers and juvenile wards of the court.

Before a U.S. employer can sponsor a foreign employee, the employer must persuade the Department of Labor via Labor Certification, to certify that there are no American workers available for the position being taken by a foreign employee. Visas are sooner available for positions requiring at least two years of experience, than for positions requiring less experience. See Employment Based Green Card for more information.

Work Visas:

U.S. companies can apply for work visas to temporarily bring over foreign employees. For example,

  • H-1B visa programs allow highly skilled foreign personnel and students to temporarily live and work in the US. Common positions that fall under the this visa category are physical, occupational, and speech therapy, engineers, doctors, pharmacists, IT professionals, management professionals, sales force, etc.
  • L-1 visas allow managers, executives and specialized knowledge employees to transfer from a foreign company to a US parent, affiliated, or subsidiary branch to perform temporary jobs.

Though the above-mentioned visas are temporary, an individual with an H-1 or L-1 visa may be able to apply for permanent residency (green card) if he/she wishes to become a legal permanent resident of the United States.

For additional related information, see H-1B Visa visa or L-1 visa.

Tourist Visas (Short stay in the US):

If an individual wishes to enter the US for tourism, medical visits, or some business purposes, a tourist visa (or a visitor visa) is generally needed. However, if an alien is coming from a qualified country, he/she is capable of visiting the U.S. without a visa, through the Visa Waiver Pilot Program (VWPP).

  • B-2 is a tourist visa that allows a person to spend up to 6 months in the USA for pleasure (no work authorization) or medical treatments with the possibility of an extension from the INS. For additional related information, visit B-2 visa page.
  • B-1 business visitor visas allow business people to engage in trade shows, scientific, educational, or religious conventions. It also allows these people to participate in business-related activities, such as negotiating contracts, consulting with clients, and litigation, while in the United States. However, the persons cannot take a position that would necessitate a US working visa and cannot be paid by a U.S. company. See B-1 visa page to know more about business visitors visa.

Student Visas (Studying in the USA):

Lots of students come to the U.S. from around the world to study and advance their knowledge. There are a number of programs providing many learning opportunities. Three major categories of student visas include F-1, J-1, and M-1 visas.

F-1 Visa (for academic studies or language training programs): The F-1 visa is issued for non-immigrant students who wish to study or conduct research at an accredited U.S. college or university.

J-1 visa (academic studies as an exchange visitor): This visa is reserved for non-immigrants who will be engaging in an exchange visitor program in the country. The J-1 visa is the major visa for educational and cultural exchange programs.

M-1 Visa (for nonacademic or vocational studies): This temporary visa is available to people who want to study or train at a nonacademic institution in the US.

The application process is almost identical for these visas. However, there are some differences in terms of eligibility and other restrictions. For further information, email us with questions.

Visitors Who Do Not Need Visas (check these dates):

Under the Visitor Waiver Pilot Program (initially in effect until October 4th, 2000), then temporarily extended until February 2, 2001, and continues now, certain types of visitors from 26 specified countries are authorized to temporarily enter the U.S. without applying for a visa. The United States chose countries to participate in the program on the basis of a low visa refusal rate and a determination that citizens of those nations generally pose no threat to the health, safety, welfare or security of the U.S.

This information can be found on the U.S. Citizenship and Immigration Services website at: http://uscis.gov/graphics/publicaffairs/newsrels/visawaiv.htm

As of April 28, 1988, the participating nations are:

  • Andorra, Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, San Marino, Slovenia, Spain, Sweden, Switzerland, UK
  • Argentina
  • Brunei, Japan
  • Australia, New Zealand

Under the VWPP, an individual from one of the 29 participating countries can enter the U.S. without a visa if he/she:

  • is traveling for business or pleasure.
  • will stay in the US for 90 days or less. No extension or Adjustment of Status permitted.
  • enter the country at a land border or aboard a participating carrier.
  • is not ineligible for a visa.