Visas.
The following is intended to provide a general overview of visas and methods that represent the greatest majority of those utilized to enter into the United States. Where applicable, the category is linked to a more descriptive article. Please note that this list is not exhaustive.
Generally, persons arriving in the United States can be classified as either immigrants (getting a "Green Card") or non-immigrants. Some non-immigrant categories allow the alien to work in the United States for a temporary period of time. Any of the immigration attorneys in our Michigan office would be happy to assist you in obtaining any of these visas. Please contact us to schedule a consultation to discuss your options.
MOST COMMON AVENUES LEADING TO A GREEN CARD
- Professionals. This category includes those with a Bachelors Degree with an offer of employment in the United States. Labor certification approval is required. This is the most common category.
- Advanced Degree Professionals. A job offer and labor certification approval are required, unless an exemption from the job offer would be in the national interest.
- Managerial or Executive Transferees. For aliens who have worked at least one year within the preceding three years with an overseas business that has a related U.S. presence.
- Skilled Workers. For aliens who have a job offer and whose skills require at least two years of training or experience to perform.
- Persons with Exceptional Ability. This category can be used by aliens in the sciences, arts, or business with a degree of expertise above that ordinarily encountered in the field. This is similar to the "Extraordinary Ability" category but with a lower threshold. A job offer is required; however, an exemption from the job offer requirement is possible if it is in the national interest.
- Persons of Extraordinary Ability. This category includes those who have extraordinary abilities in the sciences, arts, education, business, or athletics. This category does not require a specific job offer; however, extensive documentation is required to prove "extraordinary abilities".
- Professors and Researchers. This category includes those with a permanent job offer who can show "outstanding" work in their field.
- Relative Petition. Green card petition based on a family relationship involving spouses, children, parents of U.S. citizens, spouses and unmarried sons and daughters of U.S. Permanent Residents, and brothers and sisters of U.S. citizens.
- Investors. This category does not require a job offer. The minimum capital investment requirement is around $1 Million with possible reduction (but no less than $500,000) for investments in rural and high unemployment areas.
- Other immigrant categories: special immigrants, ministers and religious workers, fiancé or fiancée of U.S. citizens, asylum and refugee applicants, etc.
MOST COMMON NON-IMMIGRANT VISAS
- B Visa. For visitors for business and for pleasure. Available for foreign nationals who wish to visit the U.S. to tour, visit family or friends, obtain health care, or conduct business on behalf of an overseas employer. This is the most widely used nonimmigrant category.
- E Visa Trader or Investor. Open to business owners, managers, and employees who need to remain in the U.S. to oversee or work in an enterprise engaged in a trade between the U.S. and a foreign state, or that represents a major investment in the United States. This requires a treaty providing for non-immigrant entries between the U.S. and the foreign state.
- F Student Visa. Available to foreign nationals who wish to study in the U.S. Studies can range from elementary school through post-doctorate studies.
- H-1B Temporary Professional Workers. For professionals with either a Bachelor's Degree or equivalent experience. A job offer and satisfaction of complex Department of Labor condition application procedures are necessary. This category is used extensively by U.S. employers.
- H-2B Visa. For skilled or unskilled foreign nationals in non-agricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable.
- H-3 Visa. Available for an alien trainee who enters the United States to participate in an established training program.
- J-1 Exchange Visitor. This category is for foreign students, scholars, experts, medical interns and residents, "international visitors", and industrial and business trainees to enter the U.S. as "exchange visitors" in U.S. Government approved exchange-visitor programs to gain experience, study, or to conduct research in their respective fields. This category is sometimes used as an alternative to the H-1B visa.
- L Visa Intra-company Transfers. For managers, executives, or persons with specialized knowledge who have worked for at least one year within the preceding three years in an overseas business and are either being transferred to a United States company related to the foreign entity or are opening a branch office in the United States. This is normally used by international companies.
- M Visa. Available to students in vocational or non-academic programs.
- O & P Visas. These visas are available for aliens of extraordinary ability in the sciences, arts, education, business, or athletics and those assisting them. The P category covers entertainers and athletes who cannot qualify under the extraordinary ability standard.
- TN Visa Trade NAFTA. For Canadian and Mexican nationals.
- Other available visas: Visa for religious workers, visa for international media, and other available categories.
