US Visa Guide

Immigrating to the United States means that you will permanently relocate by obtaining a green card, officially known as an immigrant visa or lawful permanent residence. A green card will allow unrestricted employment and can be renewed indefinitely. Obtaining a green card provides a pathway to U.S. citizenship.

Do you want to know your eligibility for U.S. Visas? Do not hesitate to contact us.

OUR SIMPLE AND EASY PROCESS

STEP 1: CONSULTATION

Book an Appointment for a detailed assessment and consultation with Immigration Consultant.

STEP 2: REVIEW AND FOLLOW CLIENT FOLLOW UP

Based on your consultation, decided how you want to proceed and ask any additional questions you have.

STEP 3: PREPARE AND SUBMIT APPLICATION

Once you are ready to proceed, we will prepare your complete application and submit it to USCIS.

STEP 4: POSITIVE RESULTS!

We will keep you informed about the status of your application and provide you with the all of the decision documentation.

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Do I need to apply for a US Visa? 

Canadian citizens generally do not require a visa to enter the US directly from Canada for the purpose of visiting or studying. However, every case is different and it also depends on which country you’re entering from. It is best to consult an immigration expert to find out more information. 

Which countries need a US Visa to visit the United States? 

To be eligible to travel to the US under the Visa Waiver Program, you need to be a citizen from one of the following countries: Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom. 

If you are not from one of the aforementioned countries, you need to fully apply for a US visa.

What is the US Visa application process?

The US Visa application process has 8 steps: check if you need a visa, choose the type of US visa you will apply for, fill in the non-immigrant visa application form DS-160, pay your application fee(s), schedule a visa interview, compile the document file, attend the visa interview, and wait for processing.

You need to check if you need a visa first because you could be a citizen of a country that is eligible to travel to the US under the Visa Waiver Program and might not have to go through the application process. 

Once you choose which visa you will apply for, you need to fill out the DS-160 form, which is the online nonimmigrant US visa application form and it can be found online on the website of the US consulate from which you are applying.   

US Visa types

There are two types of US visas: immigrant and nonimmigrant. Within those two categories are many sub sectors based on your specific needs, situation, and intention of travel/moving. 

It is important to note that if you are a Canadian NAFTA professional worker, a visa is not required. You will need to apply to US Customs and Border Protection (CBP) at the border port of entry. 

Nonimmigrant Visas

Nonimmigrant US visa categories for various purposes of travel include: B-1 for athletes, J for au pairs (an exchange visitor), E-3 Australian professional specialty, the BCC (border crossing card) for Mexico, B-1 for business visitors, CW-1 for CNMI-only transitional workers, D visa for crewmembers, A visa for diplomats/foreign government officials, B-1 for domestic employees/nannies, the G-1 to G-5/NATO visa for employees of a designated international organization or NATO, J visa for exchange visitors, A-2 or NATO1-6 visa for foreign military personnel stationed in the US, the O visa for foreign nationals with extraordinary abilities in sciences, arts, education, business, or athletics, and the H-1B1 for either Chile or Singapore for free trade agreement (FTA) professionals. 

Additionally, there is the Q visa for international cultural exchange visitors, the L visa for an intra-company transferee, B-2 visa for a visitor receiving medical treatment in the US, I visa for journalists and media, TN/TD visa for NAFTA professional workers from Mexico or Canada, the P visa for a performing artist, athlete, or entertainer, the J or H-1B visa for physicians, the J visa for visiting professors, scholars, or teachers, R visa for religious workers, H-1B for specialty occupations in fields requiring highly specialized knowledge, the F or M visa for students, the H-2A for a temporary agricultural worker, the H-2B for a temporary worker performing seasonal services/labour, and the B-2 visa for visitors on vacation/traveling for pleasure. 

Lastly, the list includes the H-3 visa for training in a program not primarily for employment, the E visa for treaty traders/treaty investors, the C visa for transiting the US, the U visa for victims of criminal activity, the T visa for victims of human trafficking, and the V visa for nonimmigrant spouses or children of a Lawful Permanent Resident (LPR). 

Immigrant Visas

The different types of US immigrant visas include the IR1 or CR1 for the spouse of a US citizen, the K-3 for the spouse of a US citizen awaiting approval of an I-130 immigrant petition, the K-1 for a fiance to marry a US citizen and live in the US, the IR3, IH3, IR4, or IH4 for intercountry adoption of orphan children by US citizens, and the IR2, CR2, IR5, F1, F3, or F4 for certain family members of US citizens. 

Additionally there is the F2A or F2B for certain family members of lawful permanent residents, the E1, E2, E3, EW3, C5, T5, R5, I5, or S for employment-based immigrants, the SD or SR for religious workers, the SI for Iraqi or Afghan translators/interpreters, the SQ for Iraqis or Afghans who worked for/on behalf of the US government, DV for diversity immigrants, and the SB visa for returning residents. 

What is the difference between nonimmigrant and immigrant visas? 

The difference between a nonimmigrant and immigrant visa is that nonimmigrant visas are for nonresidents who wish to visit the United States for various reasons, while an immigrant visa results in receiving permanent residence in the United States.

Visitor Visas

The United States offers the B-1 and B-2 visas for nonimmigrants, entailing a stay for a temporary basis. These visas allow visitors to stay in the country for a maximum period of 6 months. However, if you are traveling for immigration purposes such as getting married, you can apply for the K-1 visa. 

The K-1 visa is for the nonimmigrant fiance of the US citizen or lawful permanent resident. The visa allows you to travel to the United States to marry a US citizen within 90 days of arrival. You can also apply for permanent residency to the Department of Homeland Security (DHS), US Citizenship and Immigration Services (USCIS) after getting married. 

Generally you have to have met the US citizen in person in the last 2 years to be eligible, but exceptions can be granted by the USCIS if you couldn’t meet in person due to reasons such as restrictions in your home country. However, the USCIS will verify the validity of your relationship to confirm that the marriage is not for the sole purpose of obtaining permanent residency in the United States. 

To apply for the K-1 Visa, your fiance (the US citizen) must submit the 1-129F form to the USCIS. If approved, the National Visa Centre will inform you of your case number and the petition will be sent to the US Embassy or consulate near your residence in your home country.

There are also the B-1 and B-2 visitor visas. 

The B-1 Visa is for individuals who intend to conduct business, attend conferences/conventions, or appear as a witness in court trials in the United States. Applicants are not permitted to perform productive work or accept employment. 

The B-2 Visa is for individuals who wish to travel in the United States for personal reasons like tourism or to receive medical treatment. To be eligible for the B-1 or B-2 visa, applicants must plan to remain in the US for a limited and specified period of time, have sufficient funds to support their stay, and demonstrate sufficient ties to their home country. 

Business Visa

A business visa, also known as a B-1 visa, is a visitor visa that allows you to visit the United States for business activities such as research, consultations with associates or clients, legal negotiations, attending seminars, conferences, or conventions, and negotiating contracts.

Since a B-1 visa is a nonimmigrant visa, it’s valid for only a short period of 6 months. However, there is the possibility for you to renew your visa to extend your stay for another 6 months.

To be eligible for the B-1 visa, you must meet the business traveler requirements outlined by the United States Citizenship and Immigration Services (USCIS). You must demonstrate that your main objective for visiting the country is to engage in legitimate business practices, have enough funds to cater to your expenses, don’t plan to settle in the US permanently, and have no imposed restrictions to enter the US. 

Processing times for US visitor visas depend on factors such as the office responsible for processing the file, the type of visa, visa interview wait times, whether the applicant can qualify for an expedited interview appointment, whether expedited processing is available, whether premium processing is available, and if all documents have been provided. 

Tourist Visa

A B-2 visa is a nonimmigrant visa for temporary stay and offers the holder the opportunity to travel in the country for up to 6 months, with the ability to apply for an extension to stay longer. Applicants must prove that their intent for visiting isn’t for permanent immigration to the US. Visa extensions are granted if you haven’t violated the conditions of your original admission into the US. 

Foreign nationals wanting to visit the US for tourism purposes qualify for the visa. The B-2 visa application process is loaded with complex rules that can be interpreted in a variety of ways. Demonstrating that you have sufficient funds in your possession will improve your chances to qualify for a visitor visa.

Processing times for US visitor visas depend on factors such as the office responsible for processing the file, the type of visa, visa interview wait times, whether the applicant can qualify for an expedited interview appointment, whether expedited processing is available, whether premium processing is available, and if all documents have been provided.  

Student Visas

If you are planning to study in the United States as a temporary nonimmigrant visa holder at an academic school (F-1 visa) or a vocational school (M-1 visa), you may be able to apply for one of these two visas. 

The F-1 student visa is available to international students and their families for temporary residence in order to study in the United States at an academic institution. The visa covers students who wish to attend a US school from the elementary to university level. 

To be eligible for the F-1 visa, applicants must have an offer of admission from a Student and Exchange Visitor Program (SEVP) approved school, have strong ties to their home country, be able to prove sufficient financial funds and be proficient in English. 

If you wish to pursue studies in the US to learn a trade or to become a technician, the M-1 study visa may be your best option. The M-1 is for students who want to study at a non-academic or vocational school where completion does not lead to a degree. 

The M-1 student visa is available to international individuals or families for temporary residence in order to study in the United States. To be eligible for the M-1 student visa, applicants must intend to study at a vocational or non-academic school other than language training, have been accepted to an SEVP institution, be proficient in English, have strong ties to their home country, and be able to fund their education and stay.  

F-1 Visa

The F-1 student visa is available to international students and their families for temporary residence in order to study in the United States at an academic institution. The visa covers students who wish to attend a US school from the elementary to university level. 

To be eligible for the F-1 visa, applicants must have an offer of admission from a Student and Exchange Visitor Program (SEVP) approved school, have strong ties to their home country, be able to prove sufficient financial funds and be proficient in English. 

Dependents of F-1 visa holders (F-2 Visa)

Only the spouse and unmarried minor children (under age 21) who accompany the primary visa holder to the US may receive F-2 dependent status. Their eligibility to stay legally in the US, as well as to extend their stay, is contingent upon the primary visa holder maintaining their legal status and extending their program in a timely manner. 

The spouse and unmarried minor children of the F-1 student may be admitted into the US in F-2 classification if each dependent presents a SAVIS Form I-20 issued in their own name and an F-2 visa. 

To apply for an F-2 visa, you need a valid passport, photographs, F-2 dependents SEVIS Form I-20, visa application fee, visa application forms, and any necessary supporting documentation. 

The F-2 spouse and children of an F-1 student may not accept employment in the US. Once the F-1 student has completed their studies and has left the US, the F-2 dependents must leave as well. 

M1 Visa

If you wish to pursue studies in the US to learn a trade or to become a technician, the M-1 study visa may be your best option. The M-1 is for students who want to study at a non-academic or vocational school where completion does not lead to a degree. 

The M-1 student visa is available to international individuals or families for temporary residence in order to study in the United States. To be eligible for the M-1 student visa, applicants must intend to study at a vocational or non-academic school other than language training, have been accepted to an SEVP institution, be proficient in English, have strong ties to their home country, and be able to fund their education and stay. 

After completion, one can get an associate, any type of degree, or return to your home country. You are permitted to acquire a driver’s license, open a bank account, access healthcare services, and work under certain circumstances. 

Exchange Visitor Visa

The J-1 Visa for the United States is an Exchange Visitor Program for scholars, professors, and exchange visitors who will participate in programs that promote cultural change. It is a nonimmigrant visa for individuals or family members wishing to enter the United States on a temporary basis. 

This exchange program is for individuals to study, work, conduct research, or teach. To be eligible, you must be either a trainee or intern in medicine, business, or other fields, be a secondary school, college, or university student, be a teacher at an academic level, be a professor employed to teach or perform research at post-secondary institutions, be an au pair, a government visitor, or a research scholar. 

The intent of the J-1 visa is for these participants of the Exchange Visitor Program to learn specific skills while in the US and to utilize those skills when they return to their home country. To obtain a J-1 visa, you must ensure that you have the required academic background, meet the eligibility criteria, and have an American organization that will act as your sponsor. 

You will also be required to show that you have sufficient funds to support your stay and that you have strong ties to your home country. 

Dependents of J-1 Visa holders (J-2 Visa)

The J-2 visa is a US nonimmigrant visa for dependents. Spouses or unmarried children under 21 years old can accompany a J-1 visa holder with the J-2 visa. J-2 visa holders are dependent on the status of the J-1 person, so any changes to the J-1 status will result in changes to the J-2 status too.

Since there are so many categories of J-1 visas, each one has their own rules to the J-2 visa. Categories of au pair, camp counselor, secondary school student, and work and travel participants are not allowed to have J-2 dependents accompany them to the US. Other categories are allowed to have J-2 dependents.

However, since J-1 visa holders are sponsored by different organizations and programs, they might be allowed to have a J-2 dependent only if their program allows it. For example, if you are a university student and would like to bring your spouse to the US on a J-2 visa, the US government does not state any objectives for this. But if your sponsor does not allow you to, then you may not bring your spouse to the US on a J-2 visa.

As with J-1 visas, J-2 visas do not have a cap either, so there are no limitations to the number of people who can get this type of visa. J-2 visa holders are allowed to enroll in academic study, get a driver’s license, open bank accounts, travel in and out of the US anytime, as well as work under certain circumstances.

Cultural exchange Visa (Q Visa)

The Q-1 visa classification allows you to come to the United States temporarily to participate in an international cultural exchange program that provides practical training and employment, and shares your country’s history, culture, and traditions. 

The Q-1 visa allows you to work, but you have to meet certain criteria. There is also no cap for the Q-1 visa, so if you are able to find a cultural exchange program willing to hire you in the US and you fulfill the eligibility criteria, then you can get the visa. 

Only employers who administer cultural exchange programs may petition for Q-1 nonimmigrants. It is an employment-oriented program, but an integral part of your duties must have a cultural element. You must also be at least 18 years of age, be qualified to perform the service, labour, or training, and be able to communicate effectively about the cultural attributes of your country. 

The sponsor of employer of the Q-1 visa holder must be a registered business in the US, have an international cultural exchange program in their business, employ international cultural exchange participants to share their culture, have a person who acts as a liaison between the business and USCIS, organizes events to provide cultural exchange information from the participant, is able to compensate the Q-1 visa holder for their services while in the US, and is able to offer an appropriate working condition to the Q-1 visa holder. 

Journalists and Foreign Media (I Visa)

The I Visa or Journalist Visa is a work visa for employees in the media, press, and radio sectors who are temporarily in the US for journalistic purposes within the scope of their work.

The I visa is a nonimmigrant visa for the United States specifically for foreign media representatives who wish to temporarily enter and reside in the United States to pursue their profession. The I category officially bears the name “Foreign News Media” and allows temporary assignment in the US for journalistic purposes. 

Journalists and correspondents who work for an American media office or a newspaper in Germany, for example, can also travel to the USA with an I visa to report on events from the United States for an audience outside of the US. 

The applicant retains their permanent residence outside the US and intends to travel to the US only for a temporary stay. The proof of sufficient financial means to be able to cover the stay in America also plays an important role in the examination of the visa application, especially for the self-employed persons. 

In addition, applicants must prove that they work for a foreign media company. On-site activities may be used exclusively for the dissemination of and collection of news or information. This means that the journalistic material may only be of a documentary nature if it is published outside of the United States. 

Excluded from the I visa category are persons or companies who produce commercial projects and projects from the entertainment industry. For these activities, an appropriate work visa must be applied for (O, P, or H), which also includes a work permit from the US Citizenship and Immigration Services (USCIS). 

Treaty Traders and Investor Visa

A foreign investor can immigrate to the US permanently or temporarily by applying for either the EB-5, E-2 or L-1 visa.

If you are a foreign investor or business owner who has the means to invest a significant amount of money in a US company and you want to immigrate permanently to the US, you may qualify for the EB-5 investor visa. This permanent visa for the US was created to stimulate the US economy through job creation and capital investment by foreign investors. 

If you are interested in investing in the US economy and want to temporarily live in the US, you might want to look into applying for the E-2 investor visa. You will need to be able to make a substantial investment. An E-2 visa allows you to live and conduct business in the US temporarily without the burden of having to pay US taxes.

The L-1A visa is for employees and investors who work for or own companies outside of the United States that have branches, subsidiaries, affiliates, or joint venture partners in the United States. 

The L-1B visa is for employees who have specialized knowledge to work and invest in the US economy. The L1 visas can also be applied to each of the four demographics of an individual, family member, business owner, or investor. 

E-1 Visa

The E-1 Treaty Traders visa is a nonimmigrant visa for individuals, families, or businesses involved in the exchange, purchase, or sale of goods and services or merchandise on a temporary basis. Nonimmigrant implies a person or persons who are visiting the US temporarily and are not moving to the US permanently.

To be eligible for the E-1 visa, applicants must be an executive, manager, or specialist and a citizen of a treaty nation company operating in the US, or you must own 50% of the company.

An E-1 visa may also cover immediate family, such as a legal spouse and unmarried children under the age of 21; however, children covered under this visa are not permitted to work. The spouse of the visa holder is permitted to work.

The volume of trade carried out between the United States and the designated treaty country must be at least 50%. Trade can be in the form of physical movement of goods, transportation, or non-physical services, including banking and insurance, tourism, technology, or journalism.

You must also be prepared to provide evidence that you intend to return to your home country when your visa expires. 

E-2 Visa

An E-2 Visa, also known as an investor visa, will allow you to live and conduct business in the US temporarily without the burden of having to pay US taxes. 

The E-2 visa is for nonimmigrants who are individuals, business owners, or investors who plan to make substantial investments in US businesses and plan to reside in the US on a temporary basis.

To be eligible for the E-2 visa, you must be a national of a country in which the United States maintains a Treaty of Commerce and Navigation with. You must also have invested or be actively in the process of investing a substantial amount of capital in a bona fide business in the US.

A bona fide business is defined as “a real, active, and operating commercial or entrepreneurial business that produces goods or services for profit,” according to the United States Citizen and Immigration Services. 

Certain employees of an E-2 visa holder, as well as family members of the investor or of an employee, may also be eligible for this classification. The employee of a treaty investor must be of the same nationality as the employer/treaty investor, must meet the definition of “employee” under relevant law, and must either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications. 

Special qualifications are skills which make the employee’s services essential to efficient operation of the business. Some circumstances or qualities that could meet this requirement are the degree of proven expertise in the employee’s area of operations, whether others possess the employee’s specific skills and whether the employee can command a specific salary. Family of E-2 visa holders’ employees of such a person/business may also be eligible for an E-2 visa.

An individual who obtains the E-2 and their employees may bring their unmarried children, aged 21 and under, to the US to live with the visa holder or the employee temporarily, provided these individuals seek approval as E-2 nonimmigrant dependents.

Temporary Work Visas

Opportunities are largely available for you to work in the United States whether you are looking for professional work, skilled or unskilled work, or work as a performer or an athlete. 

The temporary work visas available include the TN Visa for Mexican and Canadian citizens, the L-1 Work Visa for foreign workers in management or executive positions, the E-1 Treaty Trader Work Visa, the H-1B visa for specialty occupations (US Department of Defense and Fashion Models Work Visa), the H-2B for temporary non-agricultural workers, the R-1 for religious workers, and the O-1 for workers with extraordinary abilities.

Additionally, there is the O-1A for workers with extraordinary abilities for science, education, business, and athletics, the O-1B visa for workers with extraordinary abilities in the arts, the O-2 visa for personnel accompanying O-1B worker visa holders, the P-1 worker visa, the P-1A work visa for internationally recognized athletes and sports teams, and the P-1B work visa for members of internationally recognized entertainment groups. 

H-1B Visa

Individuals and families who wish to work temporarily in the US and business owners who want to hire a foreign individual who qualifies as someone with a specialty occupation, a Department of Defense worker, or as a prominent fashion model may qualify for the H-1B, H-1B2, or H-1B3 visas. 

Preference for the H-1B visa will be given to individuals with graduate degrees; however, you may be eligible for this visa with a Bachelor’s degree. The job must be complex or unique so that it can only be performed by an individual with a degree. You must hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state where you intend to work. 

To qualify for the H-1B2 visa, the cooperative research and development project or a co-production project must be provided for under a government-to-government agreement administered by the US Department of Defense. A bachelor’s degree, Ph.D. or its equivalent is required to perform duties. 

To qualify for the H-1B3 visa there must be a modeling position available or modeling services required for which a fashion model of prominence is qualified to perform. To be eligible for this visa category you must be a fashion model of distinguished merit and ability. 

You must find a US employer who is willing to sponsor you for the specific job for which you are qualified. The employer must submit a Labour Conditions Approval (LCA), along with Form I-129. Finally, the applicant must complete the application at a US Embassy or Consulate.

Agricultural Workers in the US (H-2A Visa)

The H-2A program allows US employers or US agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. A US employer, a US agent, or an association of US agricultural producers named as a joint employer must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf. 

To qualify for an H-2A nonimmigrant classification, the petitioner must offer a job that is of a temporary nature, demonstrate that there are not enough US workers who are able to do the work, show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed US workers, and generally submit a single valid temporary labour certification from the US Department of Labour with the H-2A petition. 

H-2A petitions may only be approved for nationals of countries that the secretary of homeland security has designated, with the concurrence of the Office of the Secretary of State, as eligible to participate in the H-2A program. 

Non-agricultural Workers in the US (H-2B Visa) 

The H-2B visa, also known as a work permit, is for skilled and unskilled individuals coming to the United States for temporary employment that is non-agricultural. 

To be eligible for the H2-B visa, applicants must ensure they have a job offer that is temporary and tied to a specific project. The job offer must state that the US employer requires a foreign worker. The employer must file the petition for their employee. 

Your employer must apply for a temporary labour certificate. When the certificate is approved, your employer must file a visa petition through Form I-129 and submit it to United States Citizenship and Immigration (USCIS). 

To be eligible for the H-2B, you must have a legitimate job offer from an employer. The offer must indicate that the work is seasonal, one-time, intermittent, or peak-load and that the job must be for less than one year. There must be no qualified and willing US workers available for the job. You must also prove that you will return to your home country before the expiration date on your visa. 

Processing times for US work visas depend on factors such as the office responsible for processing the file, the type of visa, visa interview wait times, whether the applicant can qualify for an expedited interview appointment, whether expedited processing is available, whether premium processing is available, and if all documents have been provided. 

Special Education Visitors (H3 Visa)

The H-3 nonimmigrant visa category allows noncitizens coming temporarily to the United States as either a trainee to receive training in any field of endeavour, or as a special education exchange visitor to participate in a training program that provides practical training and experience in the education of children with physical, mental, or emotional disabilities. 

There is a numerical limit on the number of H-3 special education exchange visitors. No more than 50 may be approved in a fiscal year.

A petition requesting an H-3 special education exchange visitor must be filed by a facility which has professionally trained staff and a structured program for providing education to children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program. It should include a description of the training the noncitizen will receive, the facility’s professional staff, and the noncitizen’s participation in the training program. 

In addition, the petition must show that the special education exchange visitor is nearing the complete of a higher degree program in special education, has already earned a higher degree in special education, or has extensive prior training and experiences teaching children with physical, mental, or emotional disabilities. 

In order to obtain H-3 classification, the US employer or organization must file a Form I-129, Petition for Nonimmigrant Worker. If the petition is approved, the trainee may be allowed to remain in the United States for up to 2 years. 

Dependent of H Visa Holders (H-4 Visa)

Spouses and children under the age of 21 of H-1B, H-2A, H-2B, and H3 employees are considered dependents and are eligible for H-4 nonimmigrant status. H-4 beneficiaries are only eligible to be in the US in H-4 status while the principal H employee is in the US in valid H status.

Most H-4 dependents are not authorized to work in the US, and are not eligible for a social security number. 

If traveling outside and re-entering the US, H-4 dependents need to ensure that they have a valid passport, a valid H-4 visa stamp, visas, and, if applicable, the Form I-797H Approval Notice for a change of status to, or extension of, H-4 status. 

Dependents may seek to change their nonimmigrant status to H-4, or extend their current H-4 status. An application to change or extend status requires the filing of an application on Form I-539/I-539A, with filing and biometrics fees, to USCIS. Applicants will be required to attend a biometrics appointment at a local, designated office as part of the application process. 

Intracompany Transferees 

The L-1 Visa is employment-based and applies to nonimmigrant individuals, families, or businesses who are seeking temporary status through temporary employment in the US. 

Within the L-1 Visa Program, there are two types of visas that individuals and business owners can apply for: the L-1A visa and the L-1B visa. To be eligible for an L-1 visa, applicants must have a qualifying relationship with a foreign company and be transferred to work for the US entity in the US (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations).

The L-1 visa holder must intend on doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States. 

The employee must have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States. 

The L-1A visa is for business owners, intra-company executives, or managers to be transferred to the United States to work. This visa also allows a company that does not currently have a US office to send the owner or a manager to the United States to establish a branch of the business in the US. 

The L-1B visa is for employees who hold positions that require specialized skills and knowledge. The US Department of Immigration Services sets specific criteria for what is considers “specialized knowledge”. 

The nonimmigrant visa allows US employers to transfer an executive or manager from one of its affiliated foreign offices to one in the US. Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight. Managerial capacity refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization. 

You must have worked outside the United States for one full year within the preceding three years on a full-time basis. You must have worked for a qualifying organization outside the US as an executive, manager, or possess specialized knowledge. You must ensure that you are being transferred to the United States to work for a new or existing US business that is either a subsidiary, branch, or affiliate of the foreign company. 

O Visa

If you are an individual who is exceptionally talented and successful in the film and television industry, obtaining an O-1B visa will permit you to work in the United States. If your assistant must accompany you to the US, the O-2 visa will allow for this. If you would like to have your family with you while working in the US, consider the O-3 visa. 

To be eligible for the O-1 Visa applicants must possess an extraordinary ability in either the sciences, arts, education, business, or athletics, or have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements. 

The O-1 Visa is the overarching program. Within the O-1. applicants may apply for the O-1A, O-1B, O-2, or O-3. The O-1A is for people who have extraordinary abilities or skills in science, education, business, or athletics. O-1B is for people who have extraordinary abilities or skills in the arts or for people who have attained great success and extraordinary achievements in the film and television industries. 

O-2 is for people who manage, assist, and accompany an O-1 visa holder, like an athletic coach who must accompany an athlete to a sports competition. O-2 is not available for family members. O-3 is for the spouse, child, or children of an O-1A, O-1B, or O-2 visa holder. O-3 is not available for individuals or businesses.

P Visa

If you are an athlete or member of an athletic team that has achieved international recognition and will be competing in the United States, you may be eligible for the P-1A visa. If you are part of an international entertainment group that will be performing in the US, you may qualify for the P-1B visa. If you are an artist or entertainer who wants to participate in an exchange program involving a US employer and your foreign employer, you may qualify for the P-2 visa. 

For the P-1A Internationally Recognized Athlete visa, athletes must have been a part of and participated in a US professional sports league, US college sports, have received either a national or international sports award, and must have participated in either a national or international sports competition or event to qualify for this visa. 

The P-1B Member of an Internationally Recognized Entertainment Group is applicable to performers who have achieved success according to the number of records sold, notoriety from acting a successful film or television show, recognition from critics or other experts in their field, acknowledgement in journals or newspapers, or success and have earned a significant amount of money. 

A team or entertainment group must consist of at least two or more members. The group must have been formed at least one year ago and 75% of the team members/entertainers must have been on the team/group for at least one year. The athletic team, athletes, or entertainment group must be internationally recognized. 

The P-2 visa is for individuals or groups who would like to enter the United States in a reciprocal exchange program in order to work temporarily as an artist or entertainer for no longer than one year. If you are a P-2 visa holder, you will be working for a US employer and must possess skills comparable to those of US artists and entertainers taking part in the program outside of the United States. 

The US employer who is participating in the reciprocal exchange program must begin the application process by filling in Form 1-129. The individual or group who may be granted the P-2 visa is not permitted to begin the process. The US employer must submit supporting documents along with Form 1-129, which should be confirmed with the United States Citizenship Immigration Services. 

R-1 Visa

The R-1 Visa is a temporary nonimmigrant visa for religious workers working directly in religious work, such as preaching. The intent is for the religious worker to work temporarily within the United States for a religious organization.

To be eligible for the R-1 visa, applicants must have been a member of a religious denomination with a bona fide non-profit religious organization in the United States for at least two year immediately prior to filing the petition. 

The religious organization must be registered as a non-profit organization in the US, a religious organization that has ties to any religious denomination in the US, or that has a group tax exemption. 

The requirements to apply for the R-1 visa involve having been a member of the religious organization  for at least the past 2 years and having been a minister or the religious equivalent. You will be required to work at least 20 hours/week and cannot accept any other employment offers during your stay in the US. 

TN Visa

The TN Visa is for Canadian or Mexican individuals and families. This visa is also for businesses who are looking to fill a position in their US organization but not for a business itself. 

The applicant must be the individual with the job offer and not the business. The applicant must be seeking temporary residence for work in the United States and must have a valid job offer for a job listed on the qualifying NAFTA occupation list.

To be eligible for the TN visa, you must be a citizen of Canada or Mexico, have a profession that qualifies under the regulations, the position in the United States must require a NAFTA professional, have a prearranged full-time or part-time job with a US employer (not self-employment), and have the TN visa education requirements to practice in the profession in question.

Professionals who are eligible to seek admission as TN nonimmigrants include accountants, architects, chemists, dentists, economists, graphic designers, lawyers, pharmacists, physicians, teachers, urban planners, and veterinarians. 

To apply for the TN Visa, you need proof of citizenship, a temporary offer of employment from a US employer, copies of relevant educational degrees, diplomas, and certificates, as well as letters of reference from previous or current employers confirming your experience in your occupation.

Nationals of Australia (E-3 Visa)

The E-3 visa classification applies only to nationals of Australia, their spouses, and children under the age of 21. E-3 principal applicants must be going to the United States solely to work in a specialty occupation that requires a higher degree of education. The spouse and children do not need to be Australian citizens. 

Diplomats or Foreign Government Official (A-1 Visa)

Diplomats and other foreign government officials traveling to the United States to engage solely in official duties or activities on behalf of their national government must obtain A-1 or A-2 visas prior to entering the United States. They cannot travel using visitor visas or under the Visa Waiver Program. With the exception of a Head of State or Government, who qualifies for an A visa regardless of the purpose of travel, your position within your country’s government and your purpose of travel determine whether you need an A-1 or A-2 visa. 

Immediate family members of diplomats and government officials receive A-1 or A-2 visas, with few exceptions. Personal employees, attendants, or domestic workers for diplomats and government officials (holding a valid A-1 or A-2 visa) may be issued A-3 visas.

To qualify for an A-1 or A-2 visa, you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The specific duties or services that will be performed must be governmental in character or nature, as determined by the US Department of State, in accordance with US immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require the appropriate visas and do not qualify for A visas.  

International Organizations (G-1 to G-5 visa and NATO visa)

To receive a G-1, G-2, G-3, or G-4 visa, you must be traveling to attend meetings at, visit, or work at a designated international organization. If you are entitled to a G visa, under US visa law, you must receive a G visa. 

The exceptions to this rule are extremely limited. International organization officials and employees requiring visas include permanent mission members of a recognized government to a designated international organization and their immediate family members (G-1), representatives of a recognized government traveling temporarily to the United States to attend meetings of a designated international organization and their immediate family members (G-2), and representatives of non-recognized or non-member governments and their immediate family members (G-3).

Additionally, the visa requires individuals coming to the United States to take up an appointment at a designated international organization and their immediate family members (G-4), and the G-5 visa may be issued to personal employees or domestic workers of G-1-4 visa holders.

To receive a NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6 visa, you must be traveling to the United States under the applicable provision of the Agreement on the Status of the North Atlantic Treaty Organization or the Protocol on the Status of International Military Headquarters Set Up Pursuant to the North Atlantic Treaty. 

This includes national representatives, international staff, and immediate family members. Personal employees or domestic workers of a NATO-1-6 visa holder may be issued NATO-7 visas. 

International organization and NATO officials and employees traveling to the United States to engage in official duties or activities must enter the United States with a G-1-4 or NATO-1-6 visa. International organization and NATO officials and employees traveling for official purposes are not permitted to enter the United States on any other visa category or under the Visa Waiver Program. 

Victims of human trafficking (T visa)

T nonimmigrant status is a temporary immigration benefit that enables certain victims of a severe form of trafficking in persons to remain in the United States for an initial period of up to 4 years if they have complied with any reasonable request for assistance from law enforcement in the detection, investigation, or prosecution of human trafficking or qualify for an exemption or exception. 

T nonimmigrant status is also available to certain qualifying family members of trafficking victims. T nonimmigrants are eligible for employment authorization and certain federal and state benefits and services. T nonimmigrants who qualify may also be able to adjust their status and become lawful permanent residents (obtain a Green Card).

You may be eligible for T nonimmigrant status if you are/were a victim of a severe form of trafficking in persons, are physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking, have complied with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (unless you were 18 at the time at least one of the acts of trafficking occurred or are unable to cooperate due to trauma), demonstrate that you would suffer extreme hardship if you were removed from the United States, and are admissible to the United States (if you are not admissible, you may be eligible for a waiver of certain grounds of inadmissibility using a Form I-192). 

Victim of certain criminal activities (U visa)

The U nonimmigrant status visa is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. 

You are eligible for a U nonimmigrant visa if you are the victim of a qualifying criminal activity, you have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity, you have information about the criminal activity (if you are unable to provide information due to being under 16 or disabled, a parent, guardian, or next friend may possess the information about the crime on your behalf), you were/are helpful to law enforcement in the investigation or prosecution of the crime, the crime occured in the United States or violated US laws, and you are admissible to the United States (if you are not admissible, you may apply for a waiver on a Form I-192). 

The qualifying criminal activities include abduction, sexual abuse, blackmail, domestic violence, extortion, false imprisonment, female genital mutilation, felonious assault, fraid in foreign labour contracting, hostage, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual assault, sexual exploitation, slave trade, stalking, torture, trafficking, witness tampering, or unlawful criminal restraint. 

Transit visa (C visa)

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. C Transit visas are nonimmigrant visas for persons traveling in immediate and continuous transit through the United States en route to another country, with few exceptions.

Immediate and continuous transit is defined as a reasonably expeditious departure of the traveler in the normal course of travel as the elements permit and assume a prearranged itinerary without any unreasonable layover privileges. If the traveler seeks layover privileges for purposes other than for transit through the United States, such as to visit friends or engage in sightseeing, the traveler will have to qualify for the type of visa required for that purpose.

Examples of travel purposes which require a Transit C Visa include: a foreign citizen traveling to another country who will have a brief layover in the United States when the only reason for entering the US is to transit, and a passenger embarking from a foreign port on a cruise ship or other vessel which is proceeding to another country but during the course of the journey the vessel makes port in the United States with no intention of landing in the US. 

More examples include a crewmember traveling to the US as a passenger to join a ship or aircraft they will work on, or a foreign citizen proceeding in immediate and continuous transit through the United States to or from the United Nations Headquarters District, under provisions of the Headquarters agreement with the United Nations and requires a diplomatic transit C-2 visa (travel within the US will be limited to the immediate New York City vicinity). 

Sea Vessel or International Airline Crew Members (D Visa) 

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. 

Crewmember (D) visas are nonimmigrant visas for persons working onboard commercial sea vessels or international airlines in the United States, providing services required for normal operation and intending to depart the United States on the same vessel or any other vessel within 29 days. If you travel to the United States to join the vessel you will work on, in addition to a crewmember (D) visa, you also need a transit (C-1) visa or a combination C-1/D visa.

Travel purposes which require Crewmember (D) visas include pilots or flight attendants on a commercial airplane, captains, engineers, or deckhands on a sea vessel, lifeguards, cooks, waiters, beauticians, or other service staff on a cruise ship, and trainees on board a training vessel.

Immediate relative and family sponsored visas

The family sponsorship visas are for individuals and families to sponsor family members to immigrate to the United States for permanent residence. There are two types of family sponsorship visas for immigrants: immediate relative immigrant visas and family preference visas.

Immediate relative immigrant visas are based on a close family relationship with a United States citizen described as an Immediate Relative (IR). The number of immigrants in these categories is not limited each fiscal year. 

Immediate relative visa types include the IR-1 for spouses of a US citizen, the IR-2 for unmarried children under 21 years of age of a US citizen, the IR-3 for orphans adopted abroad by a US citizen, the IR-4 for orphans to be adopted in the US by a US citizen, and the IR-5 for parents of a US citizen who is at least 21 years old.

Family preference immigrant visas are for more distant family relationships with a US citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants.

The family preference categories are the F1 for unmarried children of US citizen and their minor children, the F2 for spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs, the F3 for married children of US citizens and their spouses and minor children, and the F4 for brothers and sisters of US citizens and their spouses and minor children, provided the US citizens are at least 21 years of age.

The sponsor, who must be a US citizen or lawful permanent resident, must file an I-130 form for their relative. This form must be accompanied by required documents and the prescribed fee. An interview will then be scheduled.

The requirements for family sponsorship include US citizenship or lawful permanent residence or US national status, a family relationship, any terminated previous marriages, the bona fides of the marriage, proof of legal name change if applicable, and two passport-style photographs if applicable. 

Families of Lawful Permanent Residents (F-2A and F-2B Visa)

The Second Preference Family Visa can be divided into two categories: the F2A Visa and the F2B Visa. These are part of the Immediate Relative and Family Sponsored visa categories. It is a type of family-based immigration to allow an eligible applicant to become a lawful permanent resident (LPR).

The F2A and F2B visas have been designed for certain family members of existing LPRs or citizens in the US. As with other Visa categories, the Family Preference Visa categories have limits. There are approximately 79,900 F2A Visas and 34,200 F2B Visas issued each year.

The F2A Visa has been designed for the spouses and minor children of US citizens or LPRs. The F2B Visa has been created for an unmarried child aged over 21 years of age whose parents are LPRs or US citizens.

In order for the sponsor to meet the visa requirements, they must show that they are a legal parent of the applicant, they are a US citizen or LPR, and they have a registered address in the US.

Both visas follow a similar process. There are two main stages in the application process. The first stage involves the US LPR submitting a petition to US Citizenship and Immigration Services (USCIS). 

Following this, the next stage is for the applicant to submit their application to a US Embassy or Consulate in their country of residence. 

Unmarried under 21 years old (IR-2 Visa)

The IR-2 Visa is a US immediate relative visa for unmarried children under 21 years old of a US citizen. It can also be given if the child is under the Child Status Protection Act and is treated as if he or she were under 21 years old.

The advantages of getting an IR2 visa for the child is that they can live in the US as well as attend school and continue studies. Ultimately, the child has a Green Card and is able to work without the need for an Employment Authorization Document (EAD) in the future.

The benefit of the IR2 visa and all the Immediate Relative Immigrant Visas in general as compared to the Family Preference Immigrant Visas is that they do not have an annual cap. So, if the applicants meet the conditions and requirements of the visa, they can obtain the IR2 visa.

To be eligible for the IR-2, the child of the US citizen must be under 21 years old, unmarried, living in a foreign country, and has been living with adoptive US citizen parents for at least 2 years.

The US citizen must consent to adopting an unmarried child under 21 years old from a foreign country, be a US citizen, and have adopted the child from a foreign country and lived with them for 2 years. 

Parents of US Citizens (IR-5 Visa)

The IR5 parent visa allows US citizens to bring foreign-born parents to the United States as permanent residents. However, this visa will have to be granted abroad and issued at the US embassy or consulate in the foreign country where the parent resides. You must also be at least 21 to sponsor the IR-5 visa for a parent.

Eligibility for an IR-5 visa depends on the US citizen sponsoring being 21 or older, the sponsor having the financial means to support the parent until they start working, the sponsor living in the United States and having a US address, and the sponsor including a copy of their birth certificate to prove the relationship between the sponsor and parent.

Unmarried sons and daughters and their minor children (F-1 Visa)

The F-1 visa is for international students studying in the US at any level from elementary to university. Once accepted, students will need to carefully adhere to the rules associated with this visa. 

The F-1 visa program is designed to accommodate the needs of a private elementary school, high school, and university or college.

Other examples of academic schools that international students could get into under one of these programs include a seminary or conservatory. There are also other non-academic programs that qualify, such as language training. 

Eligibility for the F-1 visa includes an offer of admission from an approved school, appropriate English proficiency, proof of financial sufficiency during their studies, and strong ties to the country of origin. The program must ultimately result in a degree, diploma, or certificate.

Married sons and daughters and their minor children (F-3 Visa)

The F-3 visa is given to the children of US citizens who are in foreign countries. This visa does not apply to the children who are not married, but is only given to married children of US citizens. Additionally, the spouse and minor children (unmarried and under 21 years old) qualify to get the F-3 visa too.

Since the Family Green Card Visas have a limited number of visas per year, the F-3 visa is only given to 23,400 people in one year. If the limit for one year is reached, then the other visas will be given in chronological order in the following years.

With an F-3 visa, the married children of US citizens can live in the US permanently with their spouse and minor children. They can work legally without a need for an Employment Authorization Document (EAD) and with only needing a Social Security Number, they can enroll in studies, as well as travel abroad and enter the US anytime they need to. 

The F-3 visa, as with many other family visas, does not have extensive requirements. You must have a parent who is a US citizen and prove it through valid birth certificates or adoption documents, you must be over 21 years old, and you must be married and prove it through a valid marriage certificate. 

As for the US citizen who wants to bring their adult child in the US permanently, you must be a US citizen, you must have an adult child in a foreign country and prove it through birth certificates or adoption documents, and you must be living in the US and have a valid US address. 

Brothers and sisters of US citizens (F-4 Visa)

To petition to bring your brother or sister to live in the United States as a green card holder, you must be a US citizen and at least 21 years of age. Permanent residents may not petition to bring siblings to live permanently in the United States.

Your sibling’s marital status is not relevant but, if they are married, their spouses and children can immigrate at the same time. The children have to be unmarried and under the age of 21 at the time you apply. If they turn 21 during the process, you can subtract the time that your visa petition was pending from their age at the time that their priority date becomes current under the Child Status Protection Act.

The process of sponsoring siblings for US Green Cards can be lengthy because Congress has put a limit on the number of persons allowed to immigrate under the sibling category each year.

Children Adopted by US citizen parents from other countries (IR-3, IH-3, IR-4, IH-4)

The US embassy or consulate will generally issue an IR-3 immigrant visa after Form I-600 approval if at least one of the adoptive parents personally saw and observed the orphan before or during the adoption proceedings abroad, and if you (and your spouse if married) obtained a final adoption abroad. This means that the adoption is recognized as final both in the child’s country of origin and in the United States. 

The US embassy or consulate will generally issue an IH-3 immigrant visa after final Form I-800 approval if you (and your spouse if married) complete the final adoption abroad before the child enters the United States. 

The US embassy or consulate will generally issue an IR-4 after Form I-600 approval if neither parent has seen and observed the child before or during the adoption proceedings, you will complete the final adoption in the United States, or only one parent of a married couple adopted the child abroad. 

The US embassy or consulate will generally issue an IH-4 visa after Form I-800 approval if you (and your spouse if married) did not complete a final adoption abroad before the child enters the United States or only one parent of a married couple adopted the child abroad. 

Special Immigrant Visa for Iraqi or Afghan Citizen (SQ/SIV visa)

Section 1059 of the National Defense Authorization Act for Fiscal Year 2006 authorizes the issuance of up to 50 Special Immigrant Visas annually to Iraqi and Afghan translators and interpreters working for the US military and who meet certain requirements.

This program is completely distinct from two other programs authorizing Special Immigrant Visas for certain Iraqi and Afghan nationals who have worked for, or on behalf of, the US government in Iraq or Afghanistan, although some translators and interpreters may qualify under both programs. 

You may apply for the Special Immigrant Visa if you are a national of Iraq or Afghanistan, have worked directly with the US Armed Forces or under COM authority as a translator or interpreter for a period of at least 12 months, and have obtained a favourable written recommendation from a General or Flag Officer in the chain of command of the US Armed Forces unit that was supported by you, as a translator or interpreter, or from the Chief of Mission from the embassy where you worked.

Nonimmigrant visa for fiance or spouse (K-1 Visa) 

The K-1 fiance visa is a nonimmigrant visa (temporary visa) for individuals or family members who wish to enter the US with the intent of marrying a US citizen.

To be eligible for the K-1 visa, applicants should intend to be married within 90 days of their arrival in the United States. The US citizen must also have been legally free to marry prior to applying and must continue to remain so thereafter.

The US citizen must have met (in person) with the individual they wish to sponsor within the past two years. An exemption can be granted based on extreme hardship for the US citizen sponsor to have personally met the foreign-citizen fiance. An exemption may be granted if it is against the applicant or US citizen’s culture for the two individuals to meet before the marriage takes place. 

Eligible children of K-1 applicants receive K-2 visas to accompany the applicant to the US. 

Spouses of Citizen in Process of Permanent Immigration (K-3 Visa)

The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and US citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition. 

K-3 Visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS), US Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a US citizen applying for a nonimmigrant K-3 visa must have an immigrant visa petition filed on their behalf by their US citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa.

Eligible children of K-3 visa applicants receive K-4 visas. Both K-3 and the K-4 visas allow their recipients to stay in the United States while immigrant visa petitions are pending approval by USCIS.

Spouses of US Citizens (IR-1 Visa and CR-1 Visa)

If you’re married to a US citizen and you’re looking to obtain a marriage-based green card while living abroad, you will need to apply at your local embassy or consulate. This process allows you to obtain either a CR-1 visa or IR-1 visa, both of which will allow you to live and work in the United States.

While CR-1 and IR-1 visas provide similar rights and privileges to beneficiaries, they both follow different timelines. CR-1, or Conditional Resident, visas are given to applicants who, when arriving in the US with their green card, have been married for less than 2 years. 2 years after their arrival in the US, the beneficiary and their US citizen spouse must apply to remove the conditions from the green card, at which point they will receive an updated 10 year permanent resident card. 

IR-1, or Immediate Relative, visas are given to beneficiaries who have been married for more than 2 years when their green card is approved. In this case, the IR-1 holder doesn’t need to remove conditions and will have 10 years before they need to renew their permanent resident card. 

To obtain a CR-1/IR-1 visa, you need to apply via a process known as “consular processing”. The visa types that use consular processing include CR-1/IR-1 spouse and the accompanying CR-2/IR-2 child when the sponsor is a US citizen and the F2-A category (F2-1 spouse, F2-2 child) when the sponsor is a legal permanent resident. 

A CR-1/IR-1 Visa allows a US citizen or legal permanent resident to sponsor their foreign spouse to come to the United States. 

Employer Sponsored Visas

A variety of temporary work visas exist, and each will allow you to stay in the US for a specific or definite amount of time. By obtaining an employment-based green card, you will be considered a permanent resident due to your employment status. Each option has different requirements, and it is important to determine for which you may be eligible. 

To work in the United States, you must obtain a work visa. There are several different types of work visas available for foreign individuals who are interested in working in the United States temporarily, including H-1B Visas, E Visas, L Visas, O Visas, and NAFTA Work Visas. 

Many times it depends on what type of occupation you will perform in the US that decides which visa is best for you. Some other factors that make this decision can include whether you have a relationship with an employer, how long you’ll be employed in the US, and what degree of skill it takes to perform the job. 

The processing time for temporary US work visas is around 5 to 7 months. For employment-based green cards, 6 to 33 months. 

Employment First Preference Priority Workers (EB-1 Visa) 

The EB–1 Visa is for individuals and their family members who are seeking employment-based permanent residence in the US. It applies to foreign nationals who have extraordinary abilities, are outstanding professors or researchers, or are managers or executives of foreign companies.

To be eligible for the EB-1 visa, applicants must demonstrate extraordinary ability in athletics, arts, business, education, or sciences through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. An offer of employment is not required.

For professors and researchers, you must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research positions at a university or other institution of higher education. 

For multinational managers or executives, you must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the US to continue service to that firm or organization. Your employment must have been outside the US in a managerial or executive capacity and with the same employer, an affiliate, or subsidiary of the employer. 

Second Priority Workers Visa (EB-2 Visa) 

The EB-2 Visa is known as a second preference, employment-based immigrant visa for people in professions who hold an advanced degree or its equivalent, or for people who have an exceptional ability. The EB-2 facilitates permanent residence/green card and is available to individuals, family members, and business owners who are seeking permanent residency. 

Labour certification is required unless the applicant can obtain a national interest waiver. 

National interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation. 

Third Priority Workers Visa (EB-3 Visa) 

The United States offers many employment positions for foreign nationals who want to move to the US permanently for work and to live. If you are a skilled worker, unskilled worker, or a professional that meets the eligibility requirements, you may be granted an EB-3 green card. 

The EB-3 third preference visa is for individuals, families, and businesses seeking permanent residence as a skilled worker, professional, or other worker, otherwise known as unskilled workers.

To qualify as a skilled worker, you must have a minimum of two years of training or work experience. The job you have been offered must be temporary or seasonal and there must be no qualified US workers for the job. 

To qualify as a professional, you must have at least a US baccalaureate degree or a foreign equivalent that is the normal requirement for entry into the occupation. There must be no qualified US workers available for the job you will perform. 

To qualify as an unskilled worker, you must be capable of performing unskilled labour that requires less than two years of training or experience, that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States. 

Immigrant Investors (EB-5 Visa) 

To be eligible for the EB-5 Immigration Investor Visa applicants must have a minimum of $1.8 million USD to invest or a minimum of $900,000 USD to invest in a Targeted Employment Area (TEA). A TEA is an area which, at the time of investment, is a rural area or an area which has experienced unemployment of at least 150% of the the national average (3.5%). 

An investment in a commercial enterprise in the United States must be made and the applicant must plan to create or preserve ten permanent full-time jobs for qualified US workers. Investors must only put money toward commercial enterprises that were established after November 29, 1990 that make a profit from the sale of the goods or services they sell. 

The EB-5 is an employment-based, fifth preference immigrant visa for individuals, families, businesses, and investors seeking permanent residency. The EB-5 program was created by US Congress in 1990. The purpose of the EB-5 is to stimulate the US economy through job creation and capital investment by foreign investors. 

Diversity Immigrant Visas

The Diversity Immigrant Visa Program (DV Program) makes up to 50,000 immigrant visas available annually, drawn from random selection among all entries to individuals who are from countries with low rates of immigration to the United States. The DV Program is administered by the US Department of State (DOS).

There are, however, a small number of lottery winners each year who, at the time of “winning the lottery”, are residing in the United States in a nonimmigrant or other legal status. For these winners, the USCIS processes adjustment of status applications.

For an applicant to adjust status under the DV Program, you must establish that you have been selected for a diversity visa by DOS’s lottery, have an immigrant visa immediately available at the time of filing an adjustment application, and are admissible to the United States. 

Returning Resident Visa (SB Visa)

A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence. 

A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control. This webpage is about Returning Resident Visas. If you are an LPR unable to return to the United States within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.

If your application for returning resident status is approved, this eliminates the requirement that an immigrant visa petition be filed on your behalf with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). You will need to be interviewed for both your application for returning resident status, and usually later for the immigrant visa. An SB-1 applicant is required to establish eligibility for an immigrant visa and have a medical examination. Therefore, this involves paying both visa processing fees and medical fees.

Spouse or Child of a Member of the U.S. Armed Forces or Civilian Employee of the U.S. Government Stationed Abroad – If you are the spouse or child of a member of the U.S. Armed Forces or of a civilian employee of the U.S. government stationed abroad on official orders, you may use your Permanent Resident Card, Form I-551, to enter the United States even if it has expired. Therefore, you would not need a Returning Resident (SB-1) immigrant visa, as long as you have not abandoned your LPR status and your spouse or parent is returning to the United States. 

Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you had the status of a lawful permanent resident at the time of departure from the United States, departed from the United States with the intention of returning and have not abandoned this intention, and are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible. 

Does having a US visa guarantee entry into the US?

While having a visa does not guarantee entry to the United States, it does indicate a consular officer at a U.S. Embassy or Consulate abroad has determined you are eligible to seek entry for that specific purpose.

What happens if I don’t get a US Visa? 

If you have been denied entry to the United States and are stuck at the border, you might find yourself frustrated and confused. There may be options for you to consider in order to reapply for a visa or to obtain a waiver of inadmissibility. 

Some reasons for being denied entry into the US include incorrect paperwork, conflicts with travel documentation, health concerns, being previously denied entry, overstaying your visa, insufficient funds to support themselves during their stay, problems with a background check, suspicion of malicious intent, having worked illegally in the US, being convicted of a crime, criminal history, or suspected or known ties to terrorism.

You may request a review of your case before a judge if you arrive in the United States through a visa and are denied entry. Be aware that if you plan to go to the US as a visitor on the visa waiver program, you may not request a judge to review your case if denied entry. 

A nonimmigrant is someone who is not a US citizen and enters the US for a limited time period for a specific reason. Nonimmigrants are those who will stay in the US temporarily and do not qualify for the waiver for the three or ten year bar.

Nonimmigrants may however qualify for a general waiver for inadmissibility. People with medical problems, a history of drug use, criminal or terrorist activities, etc. are considered inadmissible and may never be given a visa, green card, or special entry to the US unless special permission, like the waiver of inadmissibility, is granted.

The I-192 waiver is for inadmissible nonimmigrants who need to apply for advanced permission to enter the US on a temporary basis. A nonimmigrant may be considered inadmissible for various reasons, including health, financial, criminal, and security considerations.

The processing time is generally about six to twelve months. 

How do I appeal to USCIS or the US Embassy?

An appeal is a request to a different authority to review an unfavorable decision. You may appeal certain USCIS decisions to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), an office within the Department of Justice. The BIA and the AAO are administrative appellate entities that have jurisdiction over different types of immigration cases. Your denial or revocation notice will provide information about whether the decision may be appealed and where to file your appeal.

A motion is a request to the USCIS office that issued the unfavorable decision to review its decision. With certain exceptions, you may file a motion to reopen or a motion to reconsider if you received an unfavorable decision in your case. You may file a motion even if your case is not eligible for an appeal.

Most appeals are filed using Form I-290B, Notice of Appeal or Motion. When you are notified of an unfavorable decision that may be appealed, you will also receive information about which form you should use to appeal the decision. 

How long can I stay in the US with a visa? 

The B1/B2 Visa is valid for 10 years, but for each entry, you are allowed to stay in the United States of America only for 180 days or 6 months (at most).

What can I do when my US Visa expires?

You can apply for US visa renewal if you want to renew a visa you previously had, if the US Embassy did not deny a recent visa application from you, if you will renew a US visa with multiple entries, and with a validity of more than 1 year, if you still fulfill the requirements for the visa you are trying to renew, if you are applying for US visa renewal from your home country, and if your visa expired between less than 48 months ago. Sometimes visas that expired more than 48 months ago are also eligible.

When renewing your US visa, you will have to submit similar documents to your initial visa application.

Can I enter the US without a valid visa?

Yes, The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Travelers must have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel and meet all requirements explained below. If you prefer to have a visa in your passport, you may still apply for a visitor (B) visa.

Can I bring my children to the US on a US visa? 

If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F.

If you are a US citizen you may petition for children (unmarried and under 21), unmarried sons and daughters (21 or over), or married sons and daughters (any age) – your son or daughter’s spouse and/or child(ren) may be included on this petition.

Can I bring my parents to the US on a US visa?

The IR5 parent visa allows U.S. citizens to bring foreign-born parents to the United States as permanent residents. However, this visa will have to be granted abroad and issued at the U.S. embassy or consulate in the foreign country where the parent resides.

How can I become a US citizen with a US visa?

Becoming a citizen through naturalization is a process in which a non-U.S. citizen voluntarily becomes an American citizen. U.S. citizens owe their allegiance to the United States, are entitled to its protection, and should exercise their rights and responsibilities as citizens.

To become a U.S. citizen, you must have had a Permanent Resident (Green) Card for at least five years, or for at least three years if you’re filing as the spouse of a U.S. citizen.

You must renew your Permanent Resident Card before applying for citizenship if your card will expire within six months of applying, or your card has already expired.

You can apply for naturalization before you receive your new Green Card. But, you’ll need to submit a photocopy of the receipt for your Form I-90, Application to Replace Permanent Resident Card, when you receive it.  

Can I travel abroad with a US visa? 

Having a U.S. visa allows you to travel to a port of entry, airport or land border crossing, and request permission of the Department of Homeland Security (DHS), Customs and Border Protection (CBP) inspector to enter the United States.

U.S. citizens may need a visa to enter a foreign country. Before traveling to another country, contact its embassy or consulate as far in advance as possible to find out whether you must apply for a visa to visit the country, and when, and if the country has any other requirements you must meet before you can enter.

If you are a U.S. Citizen traveling to and from Guam, bring your American passport, but on a case-by-case basis, photo I.D. and proof of citizenship may be accepted. In American Samoa you need an American passport. In the Commonwealth of the Northern Mariana Islands, you do not require an American passport. In the U.S. Virgin Islands, you do not require an American passport if coming from the U.S. mainland or from Puerto Rico.  In Puerto Rico you do not require an American passport if coming from within the U.S.

M-1 Student Visa for Vocational and Technical Studies in the US

Do you wish to acquire industry-specific skills through experience in the United States? The US offers great opportunities for international students to pursue vocational and non-academic courses in some of the best learning institutions in the world. 

To study temporarily in a vocational or technical school in the US, you’ll need one of the student visas called the M-1 visa. 

If you want to study in an academic institution, then you’ll need the F-1 visa.

F-1 Student Visa for Academic Studies in the US

If you’ve always dreamt of the unique opportunities that come with studying in the United States, a F-1 visa will help put everything that you want to achieve within reach. 

This is one of the few student visas available and is a nonimmigrant visa (grants temporary residency) for students studying at an academic institution in the US.

Student Visas to the US

Is studying in the United States a dream that you would like to pursue? The US offers many different academic and vocational schools (trade schools) in some of the most beautiful cities in North America where you can realize your dream.

If you are planning to study in the United States as a temporary, non-immigrant visa holder at either an academic school (F-1 Visa) or a vocational, non-academic school (M-1 Visa), you may be able to apply for one of these two visas.

B-2 Visitor Visa to the US

Are you looking to conduct business in the United States soon? You might be curious about how to enter to the country. The answer to that is to apply for a B-1 visa for business, which is one of the US visitor visas.

If you need to visit the US for tourism, then you’ll need a B-2 visa.

B-1 Visitor Visa for Business

Are you looking to conduct business in the United States soon? You might be curious about how to enter to the country. The answer to that is to apply for a B-1 visa for business, which is one of the US visitor visas.

If you need to visit the US for tourism, then you’ll need a B-2 visa.

Visitor Visas for Business or Tourism and Engaged Partners

Do you want to visit the United States to connect with family and friends, do business or even just for tourism? There are a couple of options for visitors coming to the US for different purposes.

The number of visitors traveling to the United States for business or pleasure reasons has increased exponentially in the last few years.

The United States offers the B-1 and B-2 visas for non-immigrants, entailing a stay for a temporary basis. These visas allow visitors to stay in the country for a maximum period of 6 months.

However, if you are traveling for immigration purposes, such as getting married, you can apply for the K-1 visa.

The K-1 visa, or the fiancé(e) visa, is for the non-immigrant fiance of the US citizen or lawful permanent resident. This visa allows you to travel to the United States to marry a US citizen within 90 days of arrival.

You can also apply for permanent residency to the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) after getting married.

Fiance or fiancee are the general terms used for a man and woman who are engaged partners.

Generally, you have to have met the US citizen in person in the last 2 years to be eligible. However, an exception may be granted by the USCIS if you couldn’t meet in person due to reasons such as restrictions in the culture of your home country.

However, the USCIS will verify the validity of your relationship to confirm that the marriage is not for the sole purpose of obtaining permanent residency in the United States.

Family Sponsorship for the US: Immediate Relative and Family Preference Visas

E-2 Investor Visa

If you are interested in investing in the US economy and want to temporarily live in the US, you could qualify for an E-2 visa if you have the ability to make a substantial investment.

An E-2 Visa (also know as an investor visa) will allow you to live and conduct business in the US temporarily without the burden of having to pay US taxes.

E-1 Treaty Traders Visa

International trade in the United States is crucial for the economy to grow and to encourage and maintain positive relations with other countries. 

Foreign trade between the US and other countries is made up of international imports and exports. The US is among the top three global importers and exporters in the world.

US Visas available to Investors

According to the United States Department of Commerce, the US has the largest consumer market on the planet with the most number of goods produced and services provided over a one-year period.

A large consumer market attracts investors from all over the world to many different industries. The US government has paved the way for businesses worldwide to enter the marketplace and to invest in the American economy.

Are you interested in investing in the United States economy and you have the means to invest a significant amount of money?

A foreign investor can immigrate to the US permanently or temporarily by applying for either the EB-5, E-2, or L-1 visa. Read on for more information about these investor visas.

TN Visa for Professional Workers

Are you a Canadian or Mexican citizen trained as a professional in one of the eligible professions according to the North American Free Trade Agreement (NAFTA)?

Do you wish to use your skills and knowledge to temporarily work in the United States for a company that has offered you a position? If so, you may qualify for the TN Visa.

We have provided a synopsis of the TN visa for you, including some of the questions and answers you may want to know before applying. Learn More.

R-1 Visa for Religious Workers

If you are passionate about pursuing religious ministry work and want to share your knowledge about religion and learn about ministering and religious denominations in the United States, read further to discover how you can apply for the R-1 visa to the US. Learn More.

P Visa for Athletes, Entertainment Groups, and Artists

Have you achieved international success as an athlete or an entertainer? If you are an athlete or member of an athletic team that has achieved international recognition and will be competing in the United States, you may be eligible for the P-1A visa.

If you are part of an international entertainment group that will be performing in the US, you may qualify for the P-1B visa.

If you are an artist or entertainer who wants to participate in an exchange program involving a US employer and your foreign employer, you may qualify for the P-2 visa.

We will help you find the best path to temporary immigration to the US.

O Visa Category for Individuals who Possess an Extraordinary Ability

If you are fortunate enough to have been born with exceptional talent in the arts, science, education, business, or athletic sectors, you should consider applying for the O-1A visa.

Are you an individual who is exceptionally talented and successful in the film and television industry? Obtaining an O-1B visa will permit you to work in the United States.

If your assistant must accompany you to the US, the O-2 visa will allow for this. If you would like to have your family with you while working in the US, consider the O-3 visa. Learn More.

L-1A Visa for Intracompany Transferee and L-1B for Employees with Specialized Knowledge

Are you an employer in the US who wants to hire a foreign worker with specialized knowledge, a foreign manager or an executive for a temporary position? The L-1 visa program could help you temporarily relocate to the US for work if you meet the specific requirements.

Are you an employee of an international company as a manager, an executive or someone with specialized knowledge wanting to continue working for the same company, but for a temporary period in the United States? Learn More.

H-2B Temporary Work Visa for Non-Agricultural Workers

Working temporarily in the United States might be appealing to you if you are a seasonal worker, such as a snowboard instructor or an amusement park worker. Such workers travel to the US in order to experience working and living in America.

Do you have a job offer from a US employer to work there temporarily and the job offer is for a one-time position in non-agricultural work, seasonal or for a peak load position (where increased demand for goods or services merits hiring additional staff to relieve workers)?

The H-2B visa may be the route you need to take to work temporarily in the United States. Learn More.

H-1B Temporary Work Visa for Specialty Workers

Have you completed your graduate degree in a specialized field that requires theoretical or technical expertise and you long to make significant contributions within your field in the United States?

Perhaps you have a high-profile position with the Department of Defense and wish to utilize your unique skill-set with the same department but in the US?

You may be eligible to obtain an H-1B or an H-1B2 visa for the United States if you meet the specific criteria.

Have you been fortunate enough to become a prominent, international fashion model and have been offered a modeling position in the United States?

If so, you may be able to fulfill your dream of working as a model in the US with an H-1B3 visa if you meet specific requirements.

We have provided a synopsis of the H visas for you, including some of the questions and answers you may want to know before applying. Learn More.

Temporary Work Visas for the United States: Discover Your Options

Having the opportunity to work temporarily in the US could be life-changing. Opportunities are largely available for you to work in the United States whether you are looking for professional work, skilled or unskilled work, or work as a performer or an athlete.

If you qualify for one of the temporary visas listed below, you can begin your application and be one step closer to entering the United States of America. Learn More.

J-1 Visa: Exchange Visitor Program

The J-1 Visa for the United States is an Exchange Visitor Program for scholars, professors, and exchange visitors who will participate in programs that promote cultural change. It is a non-immigrant visa for individuals or family members wishing to enter the United States on a temporary basis. Learn More.

Employment-Based Immigration for Permanent Residence

The United States offers many employment positions for foreign nationals who want to move to the US permanently for work and to live . If you are a skilled worker, unskilled worker (also known as other workers), or a professional that meets the eligibility requirements, you may be granted an EB-3 green card. Learn More.

Employment-Based Visa for Permanent Residence

You have devoted many hours to academia and have achieved an advanced degree, now your dream of living in the United States is one step closer to reality. With a job offer from a US employer and your advanced degree, you may qualify for the EB-2 visa.

Are you dreaming about utilizing your exceptional ability in the arts, sciences, or business in the US to make advances in your field? Once you have a job offer from an American employer you can finally start the EB-2 process. Learn More.

EB-1 Employment-Based Visa: A Path to Permanent Residence

The EB-1 visa is employment-based immigration for people who have an extraordinary ability, for outstanding professors and researchers, or multinational executives and managers.

If you are looking to enter the United States as someone with the above characteristics or professions and want to become a permanent resident, consider the EB-1 visa. Learn More.

K-1 Fiance Visa: Temporarily Visit the US

Spending time apart from the person you love is difficult. You have found the love of your life, want to live together and enter the United States, but your fiance is not a US citizen.

If you want to be together with your fiance in the United States you can initiate the K-1 visa process. Learn More.

EB-5 Visa for Immigrant Investors

Are you interested in immigrating to the United States as an individual and you are prepared to invest a significant amount of money in the US economy? Have you begun planning your permanent move to the US in order to live and work? If you have the required EB-5 investment amount, you may qualify for this visa. Learn More.

Denied Entry to the United States and Stuck at the Border?

If you have been denied entry to the United States and are stuck at the border, you might find yourself frustrated, confused about the situation and wonder what you can do.

There may be options for you to consider in order to reapply for a visa or to obtain a waiver of inadmissibility. Learn More.