complexbizz

United States Immigration Terminology

Many questions arise from the large specialized vocabulary associated with the United States immigration laws and regulations. The following link will open a window to a glossary of these terms. Immigration Terms.

What are the options for temporary immigration visas to the United States?

There are a number of avenues for temporary visas depending on your situation. The following is an overview. Each classification has its own filing and documentation requirements that can change and may be subject to a cap.

B-1/B-2 Available to visits coming to the U.S. for business or pleasure. B-1 business visitor visas are for a short duration and must not involve local employment. Nationals of certain countries may be eligible to visit the U.S. for up to 90 days without obtaining a visa.

E1/E2 Investors and treaty traders and their employees may receive visas to carry on their businesses in the U.S. if their home country has a commercial treaty with the US conferring visa eligibility.

H-1B Foreign nationals with a bachelor's degree or higher may obtain a U.S. work visa for up to six years once employment is offered and accepted through a change of status in the United States or at a consulate abroad. For private industry, the start dates is October 1st and the filing date is on or after April 1st. Employment must be in a specialty occupation (requiring application of highly specialized knowledge and at least a bachelor's degree) and the foreign national must meet the minimum qualifications for the position. Pay must meet or exceed the prevailing wage, as determined by the Department of Labor.

J-1 The exchange visitor visa program has many different categories: students, short-term scholars, business trainees, teachers, professors and research scholars, specialists, international visitors, government visitors, camp counselors and au pairs. In some cases, participation in a J-1 program will be coupled with the requirement that the beneficiary spend at least two years outside of the U.S. before being permitted to switch to a different non-immigrant visa or to permanent residency. This requirement can be waived.

K-1 A fiance(e) of a U.S. citizen is eligible for a non-immigrant fiance or fiancee visa conditioned on the conclusion of the marriage within 90 days.

L-1B U.S. Work visas for intra company transfers for managers/executives or specialized knowledge staff position, the transferee must have been employed for at least one year in an office outside the U.S. before being transferred to U.S. office. The transferee may remain on L status for up to seven years and may be sponsored for a green card.

O-1 The O1 extraordinary ability visa is designated for aliens of extraordinary ability in the sciences, arts, education, business or athletics. The O1extraordinary ability visa is very helpful for artists, athletes, entertainers, high-end chefs, and business people lacking professional degrees. It is not dependent on specific employer or employment, may be extended indefinitely, and there is no numerical limit to the number of O-1 visas issued. Extensive documentary proof of extraordinary ability including letters of recommendation and support, awards, honors, grants, and publications is required. It can be obtained through a change of status within the United States or from a consulate abroad.

TN Trade NAFTA status is for citizens of Canada and Mexico and can be obtained at the border (Mexican citizens must first obtain a TN visa from US consulate) once employment is offered and accepted. TN status is available for one year increments, renewable indefinitely. The job offer must be in a particular field itemized in appendix to NAFTA and the applicant be must qualified for the position and have intent to stay only temporarily.

What are the options for permanent residency?

Family Sponsored Immigration
U.S. citizens may petition for spouses, parents, children and siblings. Permanent residents may petition for spouses and children.

EB-1 Foreign Nationals of Extraordinary Ability, Outstanding Professors and Researchers and Multinational Executives and Managers
Individuals in this category can petition for permanent residency without having to go through the labor certification process.

EB-2 Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business
Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process. The labor certification involves a testing of the job market to demonstrate that the potential visa holder is not taking a job away from a U.S. worker. In cases where an individual can show that his entry is in the national interest, the job offer and labor certification requirements can be waived.

EB-3 Skilled Workers and Professionals
Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process.

EB-4 Special Immigrant Visas for Religious Workers
Ministers of religion are eligible for permanent residency.

EB-5 Investor/Employment Creation Visas
Under the 1990 Immigration Act, Congress has set aside up to ten thousand investor visas per year for alien investors in new commercial enterprises who create employment for ten individuals. There are two groups of investors under the investor visa program: those who invest at least five hundred thousand dollars in targeted employment areas (rural areas or areas experiencing high unemployment of at least 150% of the national average rate) and those who invest one million dollars anywhere else. No fewer than three thousand of the annual allotment of investor visas must go to targeted employment areas.

NIW (National Interest Waiver)
For an successful National Interest Waiver visa petition, you must be able to prove the national benefit that the applicant will bring to the US in his/her field. It is critical to have strong recommendation letters and a well drafted petition letter to support such claims.

Foreign Nurses Immigration
Obtaining Permanent Resident status green card is very attractive to the nurse because their spouse and minor children can legally accompany them under this permanent visa. Additionally, the spouse can legally work in the US as well in his/her own occupation and minor children can legally attend US public schools. After the nurse works in the US for five consecutive years, under certain circumstances, they are eligible to apply for US citizenship. Foreign Nurses that have passed the CGFNS exam or are certified as an NCLEX-RN, can qualify to obtain permanent residence, whether they are residing inside or outside the U.S.