Entry into the U.S. is controlled by visas. Nonimmigrant visas are for temporary periods. Immigrant visas (green cards) offer lawful permanent residence. Immigrant visas are divided into two categories: employment based and family based. Each category is further classified into preferences that are controlled by annual numerical limits. These quotas include both a counrty limitation and a worldwide ceiling. Due to the heavy demand for certain preferences, visas for some countries become unavailable (currently Mexico, India, and China), and waiting lists can occur. The various types of visas are listed below.

 

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 NONIMMIGRANT VISAS
A VISA: Ambassador, public minister, career diplomatic or consular officers.

B-1 VISA: Temporary visitor for business.

B-2 VISA: Temporary visitor for pleasure.

C VISA: Aliens traveling trough the U.S.

D VISA: Crew member (Sea or Air).

E-1/E-2 VISA: Citizens of countries that have a trade/investment treaty with the U.S. are eligible for long term visas which permit them to conduct on-going trade between their country and the U.S. (E-1), OR develop and direct a business investment (E-2). The dollar value required for the investment is determined by the amount necessary to adequately fund and operate the particular enterprise. Key managerial and executive employees and those with qualifications essential to the firm's efficient operations are eligible for derivative E status. The visa status is available so long as the enterprise is doing business.

F VISA: Student, or the spouse or child thereof.

G VISA: Principal resident representative of recognized foreign member government to international organization, staff, or immediate family.

H-1A VISA: Registered Nurse

H-1B VISA: Professionals (holders of a baccalaureate degree) who seek to work in their occupation or field of expertise. Employment must be in accordance with the prevailing wage for the position in the geographical area where the applicant seeks to work. Visa approval is for an initial period of 3 years, and a maximum of 6 years.
Canadian and Mexican members of certain professions can circumvent an H-1B process by establishing eligibility under the North American Free Trade Agreement (NAFTA).

H-2A VISA: Temporary workers performing agricultural services unavailable in the United States.

H-2B VISA: Temporary employment based on an offer for a temporary position. Approval is conditioned on evidence that the job is temporary and that there are no willing, able, or qualified U.S. workers for the position. A labor certificate must be obtained from the U.S. Department of Labor. Approval is only for 1 year, with a maximum 3 year presence.

H-3 VISA: Employment authorization for the purpose of receiving training in a field that is not available in the applicant's home country. Period of approval depends on the nature of the proposed training, but no longer than 2 years total.

I VISA: Representative of foreign information media.

J VISA: Exchange visitor for study or research. May be required to return to the last country of residence before qualifying for immigration.

K VISA: Fiancée) of a United States Citizen, and/or his/her children.

L-1 VISA: Available to applicants who within 3 years preceding their application have been employed abroad for at least 1 year, and who are coming to the U.S. to work for the same employer, its affiliate or subsidiary in a position that is managerial, executive, or requires specialized knowledge. A maximum stay of 7 years is afforded to managers and executives; 5 years are available for specialized knowledge employees.

M VISA: Vocational (non-academic) student, or his/her spouse or child.

N VISA: Parent of an alien classified as a special immigrant or the child of such parent.

O-1 VISA: Available to members of the arts, entertainment, sports, science industries and business. Documentation of extraordinary ability & achievement in the applicant's field is required. Consultations from unions, guilds and peer groups must be obtained to support a successful petition.

P-1 VISA: Internationally recognized athlete or member of internationally recognized entertainment group.

P-2 VISA: Artist or entertainer in a reciprocal exchange program.

P-3 VISA: Artist or entertainer in a culturally unique program.

Q VISA: Available for participants in programs/activities of cultural enrichment. Can be applied in conjunction with a business activity.

R VISA: Religious worker: ministers, evangelists, teachers, translators, music directors and others working for a non-profit religious/spiritual entity.

TN VISA: NAFTA Professional (TN), or the spouse or child thereof (TD).

 

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 IMMIGRANT VISAS
 EMPLOYMENT BASED:
EXTRAORDINARY ALIENS (EB-1): MANAGERS AND EXECUTIVES who in the 3 years prior to application, have been employed abroad for at least 1 year by a company or employer, and who are coming to the U.S. to work in a managerial or executive capacity for the same employer, an affiliate or subsidiary thereof.

ARTIST, ENTERTAINERS, ATHLETES, PROFESSIONALS, ENTREPRENEURS, SCIENTISTS, PROFESSORS, & RESEARCHERS of extraordinary ability, who can document their success and notoriety on a national or international level, are also classifiable for immigration in this category.

ADVANCED DEGREE or EXCEPTIONAL ABILITY WORKERS (EB-2): A baccalaureate plus five years progressive experience or a master's degree meets the INS definition of the equivolent of an advanced degree. In the alternative, by meeting just 3 of 7 INS criteria, eligibility may be established in the exceptional ability category. Both an offer of employment and labor certificate (test of the U.S. job market) are required, unless a waiver is obtained by establishing that the applicant's immigration is in the U.S. national interest.

SKILLED WORKERS BASED ON OFFERS OF EMPLOYMENT (EB-3): Applicants possessing two different levels of education or experience may immigrate through this classification; (1) those holding a baccalaureate degree or (2) persons whose occupations require 2 years of education, training and/or experience. Both an offer of employment and a labor certification are required. A labor certificate through Reduction-in-Recruitment (RIR) can speed the process.

MINISTERS OF RELIGION (EB-4): Ordained ministers with two years of experience are eligible to immigrate quota free.

ENTREPENEUR INVESTORS (EB-5): Investment of $1,000,000 or $500,000 in designated high unemployment or rural areas, with employment of 10 U.S. workers secures a green card. All of Los Angeles County qualifies for a $500,000 investment.

OTHER WORKERS: Jobs that require no skill, education, training and as little as three months experience. Both a job offer and labor certification are required. This category moves very slowly, taking 7-10 years for completion.

 FAMILY BASED:
IMMEDIATE RELATIVES: Spouse and children of U.S. citizens are not subject to a numerical limitation. They may immigrate quota free.

FIRST PREFERENCE (FP-1): Unmarried, adult sons and daughters of U.S. citizens.

SECOND PREFERENCE (FP-2A & 2B): Spouses and children of permanent residents (FB-2A). Unmarried sons and daughters of permanent residents (FP-2B).

THIRD PREFERENCE (FP-3): Married sons and daughters of U.S. citizens.

FOURTH PREFERENCE (FP-4): Siblings of U.S. citizens.

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