How can I live and work in the United States?

The easiest way to explain how you can live and work in the U.S. is to give a summary of U.S. immigration law.  This is the “big picture.”  Once you see all of the possibilities, it can help yo decide which option will work best for you.

U.S. Immigration has two main categories: permanent residence visas (also called “immigrant visas” or “green cards”) and temporary residence visas (also called “nonimmigrant visas”).

1.  Permanent Resident Visas (Green Cards)

A permanent resident visa, or green card, is normally what people want, because it permits PERMANENT residence in the U.S.  A person with a green card can generally live anywhere in the U.S. and can work for anyone without restriction.  But, a green card is difficult to get.

List of some of the most common type US Permanent Immigrant Visas Categories (and types):

Family Based Immigration, Immediate Relatives including: Spouses of U.S. citizens
Minor children of U.S. citizens
Parents of non-minor U.S. citizens
Spouses of recently deceased U.S. citizens
Preference System: First: Unmarried sons and daughters of U.S. citizens.
Second: Spouses or unmarried sons and daughters of permanent residents.
Third: Married sons and daughters of U.S. citizens.
Fourth: Brothers and sisters of U.S. citizens over 21.

If you would like Immigration and Visas International to represent you for Family Based Petition, the US Citizen/Green Card Holder can fill out the form and fax it into us. We will then advise to the fees and the next steps required.
 

To qualify for a family sponsored green card, you must have a very close relative who is a U.S. citizen or permanent resident (green card holder).  Husbands and wives of U.S. citizens, parents of U.S. citizens, and children under the age of 21 of U.S. citizens (including step children) have top priority and can qualify for a green card relatively quickly. 

Other family members, such as husbands and wives of permanent residents, children over the age of 21 of U.S. citizens and permanent residents, and brothers and sisters of U.S. citizens can also qualify for family sponsored green cards.  But, these family members must wait for a green card to be available (there are waiting lists), which can take anywhere from five to 15 years!

Employment based green cards are often the best possibility for our clients.  There are five types:

Employment Based Immigration Preference System: First: Priority workers, including (a)persons of extraordinary ability, (b)outstanding professors and researchers, and (c) multinational executives and managers.

Second: Members of professions holding advanced degrees or persons of exceptional ability.

Third: (a) Professionals and skilled workers, and (b) other workers.

Fourth: Investors who hire at least 10 U.S. workers and invest $1,000,000.

IVI has a Special Program which only requires a minimum of US$ 250,000 Investment for a 5 Year Investor USA visa, or Invest only US$ 500,000 to get a chance at Permanent Green Card. The investor Must have a Net Assest Value of US$ 1 Million ($ 1,000,000).

Processing times for employment based green card vary widely.  An EB-1 or EB-5 application can be approved in less than 1 year.  However, an EB-3 application could take more than 5 years.

The green card lottery (diversity green card) is government program designed to increase immigration from countries that do not produce a large number of immigrants to the U.S.  Only people born in certain countries can qualify (for example, people born in Canada, Mexico, England, India, China, and the Philippines can not participate).

Each year the government selects 100,000 winners for 50,000-55,000 green cards.  The government assumes that some winners will not qualify.  The time to enter the green card lottery changes every year, but it is usually between October and December.  For more information, see the government’s lottery website: www.dvlottery.state.gov

Our firm does not handle applications for political asylum or refugee status.  However, this is one way to qualify for a green card.  To qualify, an applicant must prove he or she has been persecuted in the past or has a well founded fear of persecution in his or her home country based on race, religion, nationality, political opinion or membership in a particular social group. Asylum applicants may apply for asylum even if he or she entered the U.S. illegally or if he or she is in the U.S. on an expired visa/I-94. Generally, asylum applicants must apply for asylum within one year of their arrival in the U.S. but there are several exceptions which will allow the filing of an asylum application after one year.

2 Temporary Visas

Many clients prefer to be in the U.S. before or during a green card application.  Therefore, they first come to the U.S. on a temporary visa.  There are about 30 different kinds of temporary visas.  The most common temporary visas for our law firm are as follows:

• B-1/B-2 Visitor Visas, which permit a visitor to remain in the U.S. for up to six month (employment is not permitted).
• E-2 Treaty Investor Visas, which permit investors from certain countries to invest a substantial amount of money and acquire a controlling interest in an active U.S. business.  The visa is issued for up to five years and is renewable.  The investor can work in his or her own business.  The spouse can qualify for an unrestricted temporary work card.  Children up to the age of 21 can accompany the parents and attend school, but cannot work.
• F-1 Student Visas, which permit foreign students to attend U.S. educational institutions.  Limited employment is permitted in some cases.
• H-1B Visas for Workers in Specialty Occupations, which permit employment of professional level workers by a sponsoring employer.  The visa is issued for up to three years and can be renewed another three years (additional renewals are possible in some cases).
• J-1 Visas for Participants in Exchange Programs, which permit business trainees to come to the U.S. to learn about an occupation or profession for up to 18 months.
• K-1 Visas for a Fiancé(e) of a U.S. citizen.
• K-3 Visas for a Spouse of a U.S. citizen.
• L-1 Visas for Multinational Managers, Executives and Specialized Knowledge employees who are being transferred to the U.S. by a related international company.
• O-1 Visas for Aliens with Extraordinary Ability who are seeking temporary employment.  This visa is issued for up to three years and can be renewed in one year increments.
• P-1 Visas for Internationally Recognized Entertainment Groups and Athletes.
• R-1 Visas for Religious Workers who are being transferred to the U.S. by a related international church.
• TN Visas for certain professional workers from Mexico and Canada.  This visa is issued for one year and can be renewed in one year increments.